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(영문) 의정부지방법원 2020.10.07 2020고단1406
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 14, 2007, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act at the Jung-gu District Court, and on December 10, 2009, issued a summary order of 3 million won of fine at the Seoul Central District Court.

【Criminal Facts】

On March 6, 2020, at around 02:00, the Defendant driven a C eth-sports cargo vehicle under the influence of alcohol concentration of about 0.088% at a section of approximately 1.5 km from the road near the Cheongyeong-gu, Gyeonggi-do Bhyeong-gun, to the roads in front of Gyeonggi-do.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs, 112 report processing table, 112 report processing, and requests for appraisal and notification of the results of the drinking driving control as a result of the measures for reporting, investigation reports (applicable with the mark calculation formula);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished several times due to drunk driving.

(4 times of fine, one time of the suspension of the execution of imprisonment, and one time of the sentence). The Defendant, while driving under drinking alcohol, was reported to 112 and was dispatched to the police officer, caused an accident where the Defendant was under the control of the retaining wall after the shocking of the opposite line beyond the center line.

Defendant has been punished several times for a crime of matho.

However, the defendant recognized a crime, the defendant suffered serious injury to the leg part due to an accident during the driving of the above drunk, and the defendant has been continuously receiving medical treatment and has the same ability to receive the same kind of medical treatment until now, but after 209.

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