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(영문) 의정부지방법원 2020.06.02 2020고단308
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2006, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the District Court of the Republic of Korea on October 30, 2006, and a fine of KRW 5 million for the same crime at the same court on March 31, 2015.

Nevertheless, at around 02:30 on November 24, 2019, the Defendant driven a F Ecoo vehicle in the state of under the influence of alcohol 0.073% alcohol concentration at approximately 1.6 km from the front road of the C Funeral Home to the front road of the D apartment apartment.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

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 Acts and subordinate statutes on criminal records, etc. inquiry reports (A), investigation reports (former records and summary orders attached);

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 record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime,

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