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(영문) 의정부지방법원 2020.04.22 2020고단352
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 14, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the District Court of the Republic of Korea on December 14, 2012, and on October 7, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime by the same court.

On December 29, 2019, at around 15:15, the Defendant driven a DNA-learning car owned by the Defendant under the influence of alcohol 0.132% of blood alcohol concentration from a 300-meter section from the B B B in the East-si, B in the East-si, to the front road in the East-gu, B.C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), field photographs, usage register of a drinking measuring instrument, and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to the sentence, committed the instant crime again at the time when three years and two months have passed thereafter, even though he/she had been sentenced to a fine due to a violation of the Road Traffic Act (driving) around 2012, and had been sentenced to a suspended sentence of imprisonment for the same crime around October 2016.

At the time, the blood alcohol concentration of the defendant was 0.132% and was in the way of drinking alcohol and returning home.

(A) The Defendant was punished several times by committing a crime of different types of crime. (A) The Defendant had a history of serving a traffic accident in 300 meters.

Considering the fact that the defendant is led to confession and reflect, and that the mother and son are supporting alone.

Even if the defendant is sentenced to punishment, it is necessary to sentence the defendant.

The Defendant’s age, character and conduct, family relationship, motive and means of crime, and circumstances after crime, etc.

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