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(영문) 의정부지방법원 고양지원 2020.05.22 2020고단254
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 September 6, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million for the same crime at the Seoul Southern District Court on September 3, 2015.

【Criminal Facts】

On 14. 21:10 on 21:10 on 2020, the Defendant driven a FK7 car under the influence of alcohol with approximately approximately 300 meters alcohol concentration of approximately 0.095% from the front road in Soyang-gu Seoul Metropolitan City B to the front road of the restaurant located in the same Gu D.

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. Inquiry the results of the drinking driving control;

1. Statement of the status of the driver;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of two copies of a 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime

However, the Defendant stated that all the facts charged are recognized and against the Defendant, and that the Defendant does not have any penalty, etc. is considered to be favorable to the Defendant, and the Defendant shall be determined by taking account of the Defendant’s age, character and conduct, health conditions, means and consequence of the crime, and the circumstances after the crime, etc., as indicated in the instant pleadings, and taking into

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