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(영문) 의정부지방법원 2021.03.29 2020고단4374
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On December 3, 2015, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) from the Seoul Southern District Court.

On July 23, 2020, at around 00:44, the Defendant driven Blank-do under the influence of alcohol content of approximately 0.140% from the front of the network well-known-dong, Seoul, to the front day of the entrance of her mother distance, which is located in the Guri-si, Seori-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report, and Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Act, even though the Defendant had the record of punishment for drinking driving in 2015, committed another crime.

The alcohol concentration level at the time of blood is also very high.

However, the punishment is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the arguments in this case, such as the age, sex, environment, details of the crime and circumstances after the crime, etc., of the defendant, at a distance of five years from the previous drinking driving.

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