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(영문) 의정부지방법원 2021.01.27 2020고단4958
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 27, 2008, the defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act (drinking driving) by the District Court of the Republic of Korea on June 27, 2008 and the same year

7. The above summary order was finalized on May 27, 2009, and the above summary order was issued at the District Court of the Government on May 27, 2009 by a fine of KRW 700,000 on the 18th of the same month due to a violation of the Road Traffic Act (driving), and the above summary order was finalized on April 20, 201, and the above summary order was issued at the District Court of the Government on April 20, 201 to a fine of KRW 5 million due to a violation of the Road Traffic Act.

5. 10. A person with the power of violating Article 44(1) of the Road Traffic Act three times, such as a final and conclusive summary order.

On September 10, 2020, the Defendant driven an E rocketing car with approximately 400 meters alcohol concentration of 0.116% under the influence of alcohol level from the Namyang-si apartment on September 10, 202 to the D neighboring road located in Namyang-si, Namyang-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver working at the main place, investigation report (report on the situation of the driver working at the main place), and on-site photographs;

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order) statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to the sentence, committed the instant crime even though he had the record of being punished as a crime of violating the Road Traffic Act around 2004, around 2008, around around 2009, and around 2016.

The defendant has been punished for the violation of the Road Traffic Act (unlicensed Driving) around 2009 and for the violation of the Road Traffic Act (unnecessary Measures after Accidents) around 2014.

The defendant's attitude is against the defendant.

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