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(영문) 의정부지방법원 2020.06.08 2020고단695
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

1. On December 7, 2019, the Defendant, at around 01:30 on December 7, 2019, driven a sports cargo vehicle with a blood alcohol concentration of about 0.076% from the section of about 20km to the point of 346.7km of the secondary secondary Highway from the front of a restaurant in Dongjak-gu Seoul Metropolitan Government, to the point of 346.7km.

2. On December 17, 2019, the Defendant driven a GMW M4 car under the influence of alcohol content of about 0.096% from the section of approximately 1.5km from the front of Gangnam-gu Seoul Metropolitan Government to the front road of Gangnam-gu Seoul, Seoul, at around 23:00 on December 17, 2019.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the situation of driving under the influence of alcohol, report on the circumstantial statement of each driver under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, and notification of the results of the control of

1. Application of the statutes governing the detection photographs;

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. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act repeated drinking driving within a short period of time.

The distance of drinking driving is also short.

However, considering the fact that the defendant's mistake and reflects, the fact that there is no record of criminal punishment except that the defendant was punished by a fine for driving without a license in 2001, and other factors of sentencing specified in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered.

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