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(영문) 의정부지방법원 2020.07.24 2020고단350

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 February 21, 2008, the Defendant received a summary order of KRW 2,50,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act.

On December 26, 2019, the Defendant driven B, under the influence of alcohol content of about 3 km from the front of the 05:33 Gui-si (Seoul), to the front road of the Gui-si (Seoul metropolitan metropolitan cycle Highway), the Defendant driven B, under the influence of alcohol content of about 0.057% from the 3km section to the front road of the Gui-si (Seoul metropolitan cycle Highway).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in his/her judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes to investigation reports;

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. The defendant has been punished several times for drinking or driving without a license even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.057%.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.