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(영문) 의정부지방법원 2020.10.20 2020고단3912

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 March 13, 2008, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on March 13, 2008, and issued a summary order of KRW 2 million for the same crime in the same court on August 17, 2009.

At around 12:30 on July 7, 2020, the Defendant driven Cpoter vehicles under the influence of alcohol concentration of about 0.161% from the 1km section from the front side of a restaurant under the Government-dong, Ma-dong, Ma-si, Ma-si to the front side of the same city B.

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 circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (report attaching criminal records of the same kind as a suspect A);

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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime even if he had a previous conviction in several times; (b) the Defendant’s blood alcohol concentration was considerably high; (c) the Defendant’s age, character and conduct and environment; and (d) the Defendant’s age, character and conduct and environment; (b) motive, means and consequence of the instant crime; and (c) the conditions of sentencing specified in the pleadings of the instant case, such as