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(영문) 의정부지방법원 2019.11.27 2019고단3677
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2011, the Defendant issued a summary order of KRW 2 million at the Gwangju District Court as a crime of violation of the Road Traffic Act.

Around 03:40 on August 16, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.146%, and the Defendant was driving a DNA cargo vehicle from the alcohol house near the Southern-si B apartment to the first floor parking lot under the Namyang-si, Namyang-si, Namyang-si.

In this respect, the Defendant driven a drinking twice or more.

On June 20, 2011, the Defendant issued a summary order of a fine of two million won at the Gwangju District Court for a violation of the Road Traffic Act (driving) and on September 4, 2019, the Defendant committed a violation of the Road Traffic Act (driving) in 2019Kadan3677 at the Jung-gu District Court.

was prosecuted for non-detained.

On September 7, 2019, at around 09:49, the Defendant driven a DNA cargo vehicle with a blood alcohol content of about 0.042% while under the influence of alcohol from the 10km section to the front road of the Gyeong-si, Namyang-si to the Gyeong-si, the border border of the Gu-si.

Summary of Evidence

[2019 Highest 3677]

1. Statement by the defendant in court;

1. The actual survey report on traffic accidents;

1. On-site photographs;

1. Making a report on the control of drinking driving;

1. A previous conviction in judgment: A inquiry letter, a criminal investigation report (a copy of the previous conviction in the same offense), a copy of the judgment (a copy of the judgment in the same offense)

1. Statement by the defendant in court;

1. Inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the summary order, etc. of the same kind of case), summary order, application of Acts and subordinate statutes to printed materials of indictment;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and taking lectures, and the reasons for sentencing Article 62-2 of the Social Service Order Act have the record of being punished for drunk driving even before the defendant is sentenced to punishment;

Nevertheless, there is a need to do so.

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