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(영문) 의정부지방법원 고양지원 2019.10.22 2019고단2081
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

[Criminal Power] On January 28, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On July 10, 2019, the Defendant driven DK5 automobiles while under the influence of alcohol of about 0.068% of alcohol concentration from around 00:21 to around 3 km of the same city building from around 00:21 to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous for judgment: Application of Acts and subordinate statutes concerning criminal records, reply reports, high aid, 2013 high aid, and summary orders (No. 3524);

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 has a criminal record of the same kind, one time.

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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