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(영문) 의정부지방법원 2020.11.25 2020고단4963
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

On January 8, 2014, the Defendant had been sentenced to five years of imprisonment with prison labor for special robbery at the Jung-gu District Court, and completed the execution of the said sentence in the previous prison on August 2, 2018.

Punishment of the crime

On December 30, 2011, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Youngcheon District Court's Young-gu branch on December 30, 201.

At around 18:50 on September 4, 2020, the Defendant driven a F-to-purd vehicle with a blood alcohol concentration of about 3km from the 3km section from the roads near the C Elementary School located in Gu Office B to the E-gyp road located in Gu Office D in Gu Office City to the front of the E-gyp road.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of his/her driver under consideration, and investigation report;

1. Criminal history records, inquiry reports (A), reports on criminal records (where a suspect commits the same crime of violation of the Road Traffic Act, details of inquiry about records of criminal records of the same kind of punishment and summary orders attached), copies of summary orders, investigation reports (verification of crimes during the period of repeated crime of a suspect), copies of written rulings, and application of Acts and subordinate statutes on the status of confinement

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 for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had already been punished for drunk driving, the Defendant committed the instant crime during the period of repeated crime, and the blood alcohol concentration reaches 0.122%.

This is disadvantageous to the defendant.

However, considering the fact that the defendant's power of violation of the Road Traffic Act (driving) has passed more than eight years from this case as around 2011, and that the defendant shows a reflective appearance, and that the branch people want to find the line.

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