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(영문) 의정부지방법원 2020.10.13 2020고단2720
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 December 21, 2015, the Defendant received a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act from the District Court of Jung-gu on December 21, 2015.

On May 19, 2020, the Defendant driven an E-7 vehicle while under the influence of alcohol with approximately 0.172% of alcohol level 0.172% in a section of approximately 150 meters from the front of the 150-day government road C, which is located in the city B of Speaker, to the front of the D.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the state of driving under the influence of alcohol, and reporting on the results of the control of drinking under the influence of alcohol;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

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 conviction of the same kind; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be determined as ordered

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