(영문) 의정부지방법원 2020.10.20 2020고단3305

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(영문) 의정부지방법원 2020.10.20 2020고단3305

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 24, 2009, the Defendant issued, at the Changwon District Court, a summary order of KRW 2 million for a crime of violation of the Road Traffic Act, and on March 19, 2012, a summary order of KRW 2 million for the same crime in the same court, respectively. On August 12, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime, etc.

On June 15, 2020, the Defendant driven a FD car at a section of approximately 300 meters from the front of the “C” road located in Yangju-si B, to the front of the “E” road, while under the influence of alcohol of 0.05% of blood alcohol level, around 22:45.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Criminal records, inquiry reports, investigation reports, summary orders, and application of statutes on judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant again commits the instant crime even though he/she had a previous conviction of the same kind of crime, including the previous conviction on which a suspended sentence has been sentenced, and the defendant has committed a traffic accident due to a drunk driving, the defendant shall be sentenced to punishment as ordered, taking into account the circumstances of sentencing specified in the instant argument, such as the time difference between the previous conviction and the previous conviction, the defendant's blood alcohol density, the defendant's age, character and behavior and environment, the motive, means and consequence of the instant crime, and

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