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(영문) 의정부지방법원 2020.11.27 2020고단2951
도로교통법위반(음주운전)등
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 May 11, 2018, the Defendant issued a summary order of KRW 1.5 million by the Seoul Northern District Court as a crime of violation of the Road Traffic Act (driving).

shall be corrected as such.

At around 20:20 on May 23, 2020, the Defendant driven a Eystex vehicle with a blood alcohol concentration of about 400 meters from the 400-meter section from the side of the “C” in the Namyang-si B to the D apartment ground parking lot in the Namyang-si.

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

around 10:23 September 2, 2020, the Defendant driven the Eland 132 from the front of the Jongno-gu Seoul F market to the same university, and without obtaining a driver's license from the 1km section to the front of the park.

Summary of Evidence

[200 Highest 2951]

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Handling table 112 incidents which results from the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (verification of the same type records) (2020 highestest 5199)] Application of the defendant's law to the motor vehicle driving license ledger (A);

1. Selection of each imprisonment with prison labor, for the crime concerned, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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. Prior to the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution and Article 62-2 of the Social Service Order, the Defendant, even though he had been punished for driving without a license for driving under the influence of alcohol, driving a motor vehicle under the influence of alcohol by 0.140%, and driving a motor vehicle without a license again after the license for driving under the influence of alcohol was revoked.

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