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(영문) 의정부지방법원 2020.11.25 2020고단2977
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 April 11, 2017, the Defendant was sentenced to a suspended sentence of two years in August, 201 to imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court.

At around 1:35 on May 30, 2020, the Defendant driven a DNA motor vehicle quantity owned by the Defendant while under the influence of alcohol content of approximately 0.065% from the section of approximately 2km from the front of the two weeks to the front of the two cities: C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Previous records as to the defendant's partial statement in the police's protocol of interrogation of the suspect's suspect, driving report, internal history report, and internal history report: Criminal history records, investigation report (A), and investigation report (verification of the same record) [The evidence duly adopted and examined by this court is that the defendant responded to the drinking measurement by respiratory measuring instruments at around 11:40 on May 30, 202, after being exposed to the drinking control at around 11:35 on May 30, 2020, the defendant's blood alcohol concentration was measured at 0.065% on the result of the measurement, and the defendant refused to affix his/her signature to the notification of the result of blood sampling without raising any objection to the above measurement (in the absence of time, and refusal to affix his/her signature to the notification of the result of the drinking driving control).

(2) The Defendant’s ground of appeal pointing this out is without merit. The Defendant’s ground of appeal pointing this out is with merit. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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. An order to attend a course under Article 62-2 of the Criminal Act;

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