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(영문) 의정부지방법원 고양지원 2019.10.22 2019고단2236
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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 June 17, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on the same day, and a summary order of KRW 2 million for the same crime in the same court on June 28, 201, respectively.

【Criminal Facts】

On July 12, 2019, at around 23:15, the Defendant driven a F K3 car at a level of approximately 200 meters alcohol concentration of approximately 0.216% from the upper street of “C” located in “C” to the front road of “E” located in “E” located in D at the time of the sports strike.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the situation of running a motor vehicle at sea);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 to admit and reflect the crime.

The Defendant committed the instant crime, which had been committed in a state of full-time, even though the previous conviction was two times.

At the time of detection of the defendant's blood alcohol concentration, age, character and conduct, occupation, environment, punishment history, motive, means and result of the crime, etc., the sentence as ordered shall be determined by comprehensively considering the sentencing conditions.

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