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(영문) 의정부지방법원 고양지원 2020.02.05 2019고단3276
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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 March 21, 2007, the defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution due to the violation of the Road Traffic Act (refluence of the measurement of the noise level), etc. at the Jung-gu District Court on March 21, 2007, and on July 18, 2018, the defendant was sentenced to 1.5 million won of fine due to the violation of the Road Traffic Act (refluence of the

On November 20, 2019, at around 20:50, the Defendant driven a B-learning car under the influence of alcohol content of about 0.101% at the 10m section of the above door-ro around 20:58 on the same day from the road located in the 100-2 Si-Gu, Seo-gu, Chungcheongnam-si, Pari-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (former records and reports)-related statutes;

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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account all the factors such as the fact that community service and lecture attendance order had the record of punishment due to the reasons of sentencing under Article 62-2 of the Criminal Act, the fact that drinking alcohol is relatively high, confessions and reflects the crime, the distance of the defendant's driving, current situation of the defendant's age, and other factors of sentencing prescribed by Article 51 of the Criminal

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