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(영문) 의정부지방법원 2020.04.22 2020고단349
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and four 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 May 1, 2017, the Defendant was notified of a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

At around 21:00 on January 13, 2020, the Defendant driven a D mixed CR-V car while under the influence of alcohol concentration of about 0.041% at the 1km section from the Do in front of the Do government-si to the front of the Gu-si apartment.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

On May 1, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violating the Road Traffic Act (driving). On January 13, 2020, the Defendant was charged with non-detained as a crime of violating the Road Traffic Act (driving) with the District Court on February 4, 2020.

The case of "2020 Highest 349" is the case.

This part of the facts charged was revised to the extent that it does not interfere with the defendant's defense right.

On February 28, 2020, the Defendant driven DCR-V vehicles from the front side of the city of Speaker to the front side of the Maambro Apartment 383 in the same way, without obtaining a driver's license on February 28, 2020, under the influence of alcohol concentration of 0.174%.

As a result, the Defendant driven a motor vehicle without a driver's license, while driving a motor vehicle under the influence of alcohol more than twice in violation of the prohibition of drinking.

Summary of Evidence

"200 Highest 349"

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and inquiry into the results of the crackdown on driving under the influence of alcohol;

1. Criminal history records, reply reports (A), investigation reports (verification of the same kind of power), summary orders "20 Highest 1215";

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report, and notification of the results of the regulation of drinking driving;

1. Report on the situation of operation without a license, and the license ledger;

1. Accident site and vehicle photograph;

1. Criminal history records, reply reports (A);

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