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(영문) 의정부지방법원 고양지원 2020.01.08 2019고단2851
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 21, 2016, the defendant was sentenced to a suspended sentence of two years for the six-month period of imprisonment with labor for a violation of the Road Traffic Act in the Goyang Branch of the District Court of Jung-gu on July 21, 2016.

On September 21, 2019, the Defendant driven C Coin truck with approximately 1k alcohol concentration of about 0.111% in the section of 1k, from the snick distance to the b front of the case, in a state of alcohol alcohol, around September 21, 2019, the Defendant driven C Coin truck with approximately 0.11% alcohol concentration.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (Attachment to judgment, etc.), and copies of each judgment;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act regarding the selection of punishment, the grounds for the sentence of sentencing chosen to imprisonment may have the record of being punished for driving under the influence of alcohol, one of them is sentenced to suspended sentence, the fact that drinking is relatively high, confession and reflects of crimes, current situation of the defendant's age, and other factors such as sentencing prescribed by Article 51 of the Criminal Act, etc. shall be determined as ordered by the sentence.

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