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(영문) 의정부지방법원 2020.08.11 2020고단2426
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 June 18, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Jeju District Court.

On May 15, 2020, at around 01:15, the Defendant driven a fwing and freezing tower in the state of alcohol alcohol concentration of approximately 0.253 percent from the 280-meter section, from the front of the “C” main point located in the Gu Office of Speaker, to the front of the E facilities located in the Gu Office of Speaker.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (A) and other criminal records of the same kind of suspect;

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; the 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 determined as ordered

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