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(영문) 서울동부지방법원 2020.06.23 2020고단804
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

[Criminal Power] On April 3, 2019, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On February 2, 2020, at around 04:58, the Defendant driven B Ap-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order);

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

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 the sentencing of Article 62-2 of the Criminal Act is that the driving of an order to attend a lecture is highly likely to be subject to criticism because of the high risk of infringing the life and property of

The Defendant committed the instant crime within a short time despite the previous record of drinking driving.

However, the Defendant recognized the instant crime and reflected his mistake.

In addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, various sentencing conditions as shown in the argument of this case, such as drinking water of this case, driving distance, the frequency and contents of the defendant's previous previous forces (one time), and other factors of punishment as ordered.

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