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(영문) 의정부지방법원 2020.01.07 2019고단2711
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 June 19, 2019, at around 03:40, the Defendant driven an Eststren vehicle in the state of alcohol alcohol concentration of about 0.148% at the section of about 16 km from the front of the Guri-si B market to the front of the D principal oil station in Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification on a result of drinking alcohol control, a written appraisal of blood alcohol, and a record of the influence of drinking alcohol control;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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 though he had a previous record of several times, that the defendant's blood alcohol concentration was considerably high, that the defendant does not have the same criminal record as the defendant exceeds the fine, and that the defendant does not have any criminal record other than the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the conditions of sentencing

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