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(영문) 의정부지방법원 2020.01.07 2019고단3875
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 December 21, 2007, the Defendant was issued a summary order of KRW 2 million at the Jung-gu District Court on December 21, 2007 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 2, 2019, at around 21:14, the Defendant driven a Clearning car under the influence of alcohol concentration of about 0.072% from the 500-meter section to the front road of the B Elementary School located in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power and related summary orders attached thereto);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant committed again the crime of this case even though he could have had a previous conviction for the same kind of offense, the defendant's blood alcohol concentration, the defendant's age, character and behavior and environment, the defendant's age, character and behavior and environment, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime

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