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(영문) 의정부지방법원 고양지원 2020.04.23 2019고단3749
도로교통법위반(음주운전)
Text

A 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 October 13, 2011, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and on February 2, 2012, the same court received a summary order of KRW 3 million as a fine for the same crime.

On December 4, 2019, around 05:23, the Defendant driven a B rocketing car under the influence of alcohol concentration of about 6km from the distance of about 0.129% from the distance of the section of about 6km to the front road, such as the so-called pina city cooking, etc., in the vicinity of the mountain basin, 672, which is located at the vicinity of the ancient-si, Seoyang-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Application of second-class Acts and subordinate statutes to criminal records, repeated statements and copies of summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The Road Traffic Act amended on December 24, 2018 on the grounds of sentencing under Article 62-2 of the Criminal Act (amended on December 24, 2018) strengthens the punishment to be sentenced to imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years and not more than six months even if mitigation is made); under the circumstances unfavorable to the defendant that the defendant once he/she had a history of driving under the influence of drinking again even though he/she had a history of driving under the influence of driving under the influence of drinking again, the defendant's mistake is divided, and there is no other history of punishment other than the above driving under the influence of drinking under the influence of the defendant.

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