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(영문) 의정부지방법원 2020.01.15 2019고단5108
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 January 7, 2008, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Jung-gu District Court.

On October 18, 2019, at around 21:21, 201, the Defendant driven Cberotops fafafafafafafaf, under the influence of alcohol with approximately 40km from the 40km section to the Madi-ro 944, Cheongju-si, Cheongju-si, Cheongju-si, the Defendant was under the influence of alcohol content of about 0.190%.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, and summary order Acts and subordinate statutes;

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 reason for sentencing Article 62-2 of the Criminal Act is that the accused has been punished for drinking or driving without a license even before the sentence is rendered.

Nevertheless, the crime of this case was committed while driving under the influence of 0.190% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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