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(영문) 의정부지방법원 고양지원 2020.02.13 2019고단2883
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 November 26, 2008, the Defendant was sentenced to a fine of 700,000 won by a Seoul Central District Court for a violation of the Road Traffic Act.

On September 30, 2019, around 21:17, the Defendant driven B-be trucks with approximately 0.073% of blood alcohol concentration in the section of about 300 meters from the 4th of the same day from the nearest distance of the Goyang-gu Soyang-gu, Goyang-gu, Soyang-gu to the front road of the 1257-25, Goyang-gu, Goyangyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation reports (suspects' previous records and reports) and statutes, such as criminal records;

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 fact that an order to attend a lecture was served for the reason of sentencing under Article 62-2 of the Criminal Act but re-offending was committed, and the blood alcohol concentration at the time of drinking driving was not low, etc. is disadvantageous.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., are determined in full view of all the sentencing conditions under Article 51 of the Criminal Act.

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