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(영문) 의정부지방법원 2020.08.19 2020고단1497
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 May 20, 201, the Defendant was issued a summary order of KRW 1 million at the Jung-gu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 19, 2020, at around 01:10, the Defendant driven a D-to-purn-purged vehicle with approximately 500 meters alcohol concentration 0.082% under the influence of alcohol from the front road of the mutually unstable main point in the Namyang-si, Namyang-si, Seoul to the front road of the entrance of the C apartment in the Namyang-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), report on the results of confirmation before the disposition, and application of Acts and subordinate statutes of the summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 Defendant committed the instant crime on the grounds of sentencing Article 62-2 of the Criminal Act, even though he had the record of punishment for the violation of the Road Traffic Act (driving) around 2004 and around 2011, again committed the instant crime.

The distance from the previous punishment history, the blood alcohol content of this case is 0.082%, and the defendant's blood alcohol content is 0.082%, and the risk of drinking driving is realized by causing a collision by shocking the central separation zone while driving under influence of alcohol. In addition, considering the defendant's age, character and conduct, family relation, motive and means of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the records and arguments of this case shall be comprehensively taken into account.

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