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(영문) 의정부지방법원 고양지원 2020.06.24 2020고단1171
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2011, the Defendant received a summary order of KRW 3.5 million for a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) from the Goyang Branch of the Jung-gu District Court on November 17, 201, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) from the same support on October 25, 2012.

At around 22:00 on April 12, 2020, the Defendant driven a e-coo vehicle in the state of alcohol alcohol concentration of approximately 0.134% from the 3km section of approximately 3km to the front road of the Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Seoul Metropolitan City, the Defendant driven a e-coo vehicle in the state of alcohol alcohol level of about 0.134%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Detailed statement of the circumstances of a drinking driver, and notice of the result of crackdown on drinking driving; and

1. Previous records before ruling: Application of each Act and subordinate statutes written in three copies of criminal records, repeated statements and 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 to mitigate small amount;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in three times, which the defendant was punished for drunk driving, and the drinking alcohol level of the crime of this case is considerably high.

However, more than seven years have passed since the defendant was punished as a drunk driving, and the defendant seems not to dispose of the vehicle and not to repeat the crime.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

It is so decided as per Disposition for the above reasons.

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