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(영문) 의정부지방법원 2019.10.30 2019고단3343
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

On September 28, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Cheongju District Court.

On July 7, 2019, around 07:10, the Defendant driven an E rocketing car under the influence of alcohol content of about 100 meters from the 100-meter section from the Southern-si B apartment road to the front of the D convenience store in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report, notification on the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, photographs related to detection, and report processing of cases 112;

1. A written request for appraisal, a briefing report, and a alcohol appraisal report;

1. Previous convictions indicated in the judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

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 2007, the sentence sentence is determined by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the degree of alcohol content in the blood of this case reaches 0.161%; and (c) the Defendant’s age, character and conduct; (d) family relationship; (e) motive and means of the crime; and (e) the circumstances after the crime, etc., as indicated in the records and arguments of this case; and (e) the period of imprisonment with prison labor

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