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(영문) 의정부지방법원 2020.09.07 2020고단2423
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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 February 28, 2008, the Defendant received a summary order of KRW 4 million from the Seoul Central District Court on May 26, 2008 as a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on May 26, 2008, and on May 15, 2012, from the Incheon District Court Branch Branch of the Incheon District Court, the Defendant received a summary order of KRW 5 million as a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). On October 28, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for 8 months with prison labor for a violation of the Road Traffic Act (driving for Drinking) at the Seocho Branch of the

On April 21, 2020, at around 01:24, the Defendant driven a D food car with approximately 15 km alcohol concentration of 0.123% while under the influence of alcohol from the 15 km section from the front of the Guri-si B apartment road to the front of the Guri-si, the Government-si Road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the regulation of drinking driving, that of the control of drinking driving, that of the control of drinking driving, and that of the state of drinking drivers;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is the 6th crime, where the defendant has been punished several times for a violation of the Road Traffic Act (driving) (2002, 208, 2012, 2015), and this is the 6th crime.

There are two criminal records of the suspension of the execution of imprisonment in the same kind of force(2002, 2015).

Nevertheless, the crime of this case was committed again.

Considering such circumstances and the fact that the drinking driving is highly likely to cause a traffic accident that may cause serious damage to the life, body, and property of others, the criminal's quality is not good.

However, the fact that the defendant recognizes the crime and reflects his mistake, that the defendant's wife wants to leave the ship, and that he is under the influence of drinking.

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