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(영문) 의정부지방법원 2020.05.26 2020고단281
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 July 7, 2014, the Defendant was issued a summary order of KRW 4,500,000 by the District Court of Jung-gu to a fine for a violation of the Road Traffic Act.

On December 9, 2019, at around 20:55, the Defendant driven CM3 motor vehicles in the state of alcohol alcohol concentration of about 0.213% at a section of about 45 km from the 20:00 km-gun B hotel near Gangwon-gun, to the parking lot for the Hanyang-gun located in the upper south of Gangwon-gun.

As a result, 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 statement of a drinking driver, inquiry request for appraisal, and inquiry into the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type of power);

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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