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(영문) 의정부지방법원 2020.11.18 2020고단3760
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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 October 2, 2015, the Defendant issued a summary order of KRW 4 million for the violation of the Road Traffic Act by the Seoul Northern District Court on October 2, 2015.

On July 7, 2020, around 00:42, the Defendant driven a e-car in the state of alcohol alcohol concentration of about 200 meters from a 200-meter section of the B market public parking lot located in Guri-si B from the front of the B market adjacent to Guri-si B, to the front road of the B market public parking lot in Guri-si.

On October 2, 2015, the Defendant, at the Seoul Northern District Court, issued a summary order of a fine of four million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on October 2, 2015, and was charged with non-detained on July 31, 202 with the same offense with the District Court on July 31, 2020.

The above case is 2020 Ma3760.

On July 21, 2020, at around 09:13, the Defendant driven an Irocketing car with approximately 450 meters alcohol level 0.136% under the influence of alcohol level 0.136% on the front of the bus stops of H apartment bus at the Namyang-si, Namyang-si.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

"200 Highest 3760"

1. The defendant's legal statement, the report on his/her oral statement, the investigation report (the circumstantial report on the driver), and the report on the status of his/her driving;

1. Criminal history records, inquiry reports (A), investigation reports (verification of criminal records of sound driving); 2020 high-speed4605);

1. Notification to the departments related to the reporting of the 112 Incident of the defendant's legal statement, photographs by cutting down ctv to the defendant's legal statement, reports on the state of the driver, investigation reports (report on the circumstances of the driver), site photographs;

1. Criminal history records, investigation reports (verification of the facts while drinking alcohol and trial are pending not less than twice), summary order, copy of indictment, and application of the Acts and subordinate statutes of search of cases by the Supreme Courtb;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Criminal Act, the suspension of execution;

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