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(영문) 의정부지방법원 2020.02.19 2019고단3709
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 4, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on December 4, 2007, to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on January 8, 2015, and to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on December 22, 2015.

On August 26, 2019, at around 21:35, the Defendant driven a C k7 car while under the influence of alcohol content of about 0.05% from the 1km section to the front road of the “in-house Office” (hereinafter “in-house Office”) located on the side of Sincheon-si, Sincheon-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the state of the drinking driver's standing, the investigation report, and the report on the state of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type of power);

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

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant was punished by a fine for a violation of the Road Traffic Act (driving) around 1999, around 2006, around 2007, around 2015, and around 2015, and was punished by a suspended sentence of imprisonment for a violation of the Road Traffic Act (driving) as stated in the facts constituting a crime on December 2015.

The defendant was sentenced to a fine by the Jung-gu District Court on December 6, 2017 while driving without obtaining a license two times during the period of suspension of execution.

In addition, there are many punishment power.

Although at the time of the instant case, the Defendant’s blood alcohol content was not higher than 0.055%, and the Defendant showed an attitude against the Defendant, it is deemed that the Defendant had an attitude to reflect, but the previous punishment records, etc. of the Defendant are deemed as above.

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