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(영문) 의정부지방법원 2020.05.12 2019고단5129
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 28, 2016, the Defendant was issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

On August 1, 2019, at around 09:40, the Defendant violated the duty of prohibition of drunk driving by driving a D SP car at least twice while under the influence of alcohol 0.073% in the 2km section from the front road of the Gyeonggi-si Government to the front road of the same city C at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of blood alcohol and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A) and investigation reports (attached to the same summary order);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous conviction of the same kind; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; his age, motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be

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