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(영문) 의정부지방법원 2021.02.17 2020고단6614

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 September 18, 2015, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the District Court of Jung-gu District on September 18, 2015, four previous calendars.

Nevertheless, the Defendant, while under the influence of alcohol content of 0.1% in blood around November 22, 2020, driven a car with C in the name of LAB in the section of approximately 1.4 km to the roads adjacent to the revolving the revolving 135-gil 4, from the Do near the Do in the 30-ro melt of the Government-ro melting melting 34 Do, to the 135-gil-ro Do, in the state of alcohol content at around 22:39.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. (A) the application of an inquiry letter, such as criminal history, and a report on investigation (verification of the same record as the suspect, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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. The Defendant, who was sentenced to the sentence, committed the instant crime, even though he had the record of being punished as a crime of violating the Road Traffic Act around 1999, around 2003, around 2005, and around 2015. In addition, the Defendant committed the instant crime. The alcohol content in blood at the time of the instant case reaches 0.1%.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of this case and the various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.