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(영문) 의정부지방법원 2020.10.20 2020고단3288

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 November 23, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court as a crime of violating the Road Traffic Act.

On May 19, 2020, at around 21:24, the Defendant driven a Grandroth under the influence of alcohol level of approximately 14km from the 14km section to the 2nd underground parking lot of the Namyang-si, Chungcheongnam-si, 1375, the Nam-si.

As a result, the Defendant violated the regulations prohibiting drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. The application of Acts and subordinate statutes on criminal records, etc., references to criminal records, amounts of dispositions, reporting on results of confirmation, and summary orders to be attached;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous conviction of the same kind; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be determined as ordered