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(영문) 의정부지방법원 2020.11.24 2020고단4688

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 26, 2016, the Defendant, at the Seoul Southern District Court, had been under the summary order of KRW 4 million due to a violation of the Road Traffic Act (driving). However, around September 3, 2020, the Defendant driven a Eenz GLC220d car with approximately 0.074% of alcohol alcohol level from the 1km section to the roads front of the Namyang-si, Namyang-si, Seoul. < Amended by Presidential Decree No. 22190, Sep. 3, 2020; Presidential Decree No. 22204, Sep. 3, 2020>

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the state of driving under the influence of alcohol and making a report on the control of drinking driving;

1. Application of criminal records, reply reports, and summary order statutes;

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