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(영문) 의정부지방법원 고양지원 2020.02.20 2019고단3538

도로교통법위반(음주운전)

Text

A 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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2014, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.

At around 23:40 on December 2, 2019, the Defendant: (a) started in front of the mutual influorial restaurant located in the area located in the area located in the Sinsan-dong, Yongsan-gu, Yongsan-gu; and (b) driven a B eth vehicle owned by the Defendant in the state of alcohol of about 0.123% of blood alcohol concentration at the section of about 3.6 km from the 100-day high-fluoral at the road at around 100:02 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Application of Acts and subordinate statutes on criminal records, reply reports, and summary orders;

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 for discretionary mitigation;

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration in the instant case, the distance of drunk driving, the records of the same or similar type of electric power (the punishment of a fine for refusing to take a drinking level in 2001 and 2014) and other circumstances, such as the background of the instant crime, the defendant's age, character and behavior, living environment, circumstances after the crime, etc.