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(영문) 의정부지방법원고양지원 2020.11.26 2020고단2859
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 November 28, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Busan District Court's Branch Branch on November 28, 2007.

On October 4, 2020, the Defendant driven an E X-ray vehicle under the influence of alcohol content of about 0.088% from approximately 700 meters to the front road of the D District District Police Station D District located in the same Gu C from the Goyang-dong Office Btel in the Goyang-si, Yongsan-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, report on the results of crackdown on drinking driving, and circumstantial statement;

1. Previous records of judgment: Criminal records, etc. and the application of one copy of a summary order;

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. Order to attend lectures under Article 62-2 of the Criminal Act;

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