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(영문) 의정부지방법원 2020.06.03 2020고단895
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 12, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Jung-gu District Court.

On January 14, 2020, at around 01:30, the Defendant driven a rash car while under the influence of alcohol content of approximately 0.134% from the section of approximately 2.7km to the road near the 144-lane at the city of the Government, in order to ensure that the Defendant was under the influence of alcohol content of about 2.7km from the 2.7km to the 144-lane at the city of the Government.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of standing under the influence of alcohol drivers, investigation report, and report on the results of the control of drinking under

1. Measuring photographs;

1. Application of Acts and subordinate statutes to criminal records, reply reports (A), investigation reports (verification of the same criminal records), and copies of summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2013, the sentence sentence is determined as ordered by comprehensively taking account of the following factors: (a) the interval with the previous penal records; (b) the blood alcohol content of the instant case is 0.134%; and (c) the Defendant’s main figures want the Defendant’s wife; and (d) the Defendant’s age and character, family relationship; (b) the motive and means of the crime; and (c) the various sentencing conditions indicated in the instant records and arguments, including circumstances after the crime, etc.

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