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(영문) 의정부지방법원 2020.08.24 2020고단1379

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 3, 2017, the Defendant was sentenced to a fine of KRW 4 million by the Seoul Central District Court for a violation of the Road Traffic Act.

On October 26, 2019, the Defendant was under the influence of alcohol of 0.095% in blood alcohol concentration at around 00:15, the Defendant driven a CSP car to the front of the bus stop located in the peace of 107-ro 8 in the Gu (Gu terminal) front of the Gu (Gu terminal) in front of the Gu (Gu terminal) in order to ensure the government is under the influence of alcohol concentration of 0.095%.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Statement of the police concerning B's legal statement;

1. A report on the proper launch of a drinking driver, a report on the results of the control of drinking driving, and a report on the state of drinking drivers;

1. Previous convictions in judgment: References to criminal records and investigation reports (verification of suspect A's records of drinking alcohol driving);

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished for the violation of the Road Traffic Act around 2017.

Previous years of drinking driving have recently been used.

However, taking into account the favorable circumstances that the defendant recognized the crime, that the defendant would not repeat the crime by disposing of the defendant's vehicle, and the degree of blood alcohol of the defendant, the distance of drinking alcohol, the age and character and conduct of the defendant, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered by the order, comprehensively taking into account various sentencing conditions as shown in the records and arguments of the case