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(영문) 의정부지방법원 2020.01.10 2019고단5080

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 October 24, 2008, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act by the District Court of Jung-gu.

On November 15, 2019, at around 23:10, the Defendant driven C rocketing car with a blood alcohol concentration of about 0.118% under the influence of alcohol at the 1km section from the Gayang-si to the front road of Guri-si B.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.

Nevertheless, the driver was driving under the influence of 0.118% of the blood alcohol concentration in the second blood, and the police officer's drinking control was attempted to have been damaged.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively 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.