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(영문) 의정부지방법원 2020.03.31 2019고단4447
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 March 4, 2014, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Seoul Southern District Court.

On July 25, 2019, at around 06:06, the Defendant driven a B low-priced car volume in the state of alcohol alcohol concentration of approximately 100 meters at a distance of approximately 00 meters from a non-store of the hot spring base of Busan City to the front of the same road in front of the same U.S. intersection.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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 sentencing of Article 62-2 of the Criminal Act applies again to the defendant with the same criminal record, even if he/she had the same criminal record, according to the time interval from the same criminal record, the defendant's blood alcohol concentration, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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