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(영문) 의정부지방법원 2020.04.13 2019고단4456
도로교통법위반(음주운전)등
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 December 31, 2010, the Defendant received a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On December 19, 2018, the Defendant received a summary order of KRW 4 million for the same crime from the Jungbu District Court to the same offense.

On March 17, 2019, at around 18:20, the Defendant driven a B-in vehicle under the influence of alcohol with the blood alcohol concentration of 0.105% while under the influence of alcohol without obtaining a driver’s license at a section of about 3km of approximately 90 luminous post offices to the eong-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the situation of drinking drivers;

1. Report on the situation of driving without a license, and the driver’s license ledger;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: One to three years of imprisonment;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. While the Defendant was punished for the violation of the Road Traffic Act (driving) around 2010 and around 2018, the Defendant committed the instant crime.

The blood alcohol concentration of the defendant at the time is 0.105%.

The blood alcohol concentration of a defendant, driving distance, distance from previous punishment records, distance from previous punishment records, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, family relationship, motive and means of a crime, and circumstances after the crime.

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