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(영문) 의정부지방법원 2020.09.15 2020고단3063
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 July 4, 2017, the Defendant had been under the summary order of KRW 1,00,000 as a crime of violation of the Road Traffic Act at the Jung-gu District Court on the charges of violation of the Road Traffic Act. However, around 03:20 on May 21, 2020, the Defendant driven C rocketing car under the influence of alcohol concentration of approximately 0.03% from the 3km section from the front of the B apartment at Yangju-si to the front road of the Ho-si 67-6, Yangju-si, Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of summary orders under Acts and subordinate statutes on criminal records, reply reports, Government Branch Act, 2017 high-ranking 5448;

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 of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant again commits the crime of this case in spite of his previous convictions of the same kind, and the same criminal record is the most recent, the defendant's blood alcohol density, his age, character, conduct and environment, motive, means and consequence of the crime, etc., 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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