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(영문) 의정부지방법원 2020.08.24 2020고단2787

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 April 9, 2013, the defendant was issued a summary order of a fine of four million won by the District Court of Jung-gu to the crime of violation of the Road Traffic Act.

On April 23, 2020, at around 05:38, the Defendant driven a BMW520d car from the 10km section to the Cheongju-ri Cheongju-ri, Cheongyang-si, in a state of alcohol alcohol concentration of 0.104%. The Defendant driven a BMW520d car at the 10km section from the 10km section to the Cheongju-ri, Cheongju-ri, Cheongyang-si, in the case of Gyeonggi-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of his/her oral statement, investigation report, and list of cases reported under 112;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (verification of the same kind of power), dispositions not related to the disposal thereof, and reports on results of confirmation;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. Although the Defendant had been punished for a violation of the Road Traffic Act (driving) around 2013, the Defendant committed the instant crime at the same time, and the blood alcohol concentration of the Defendant at the time of the instant case reaches 0.104%.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.