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(영문) 의정부지방법원 고양지원 2019.10.22 2019고단2062
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 October 10, 2014, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court in order to support the Defendant.

At around 23:00 on July 12, 2019, the Defendant driven a B-hand car at the section of approximately 200 meters from the front day of the trade infinite Seo-gu, Busan Metropolitan City’s non-finite-ro 772, to the front day of the day lower-class car located at the same 772-ro of the same Gu-ro.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 reason for sentencing under Article 62-2 of the Criminal Act is to admit and reflect the crime.

The defendant has a criminal record of the same kind, one time.

At the time of detection of the defendant's blood alcohol concentration, age, character and conduct, occupation, environment, punishment history, motive, means and result of the crime, etc., the sentence as ordered shall be determined by comprehensively considering the sentencing conditions.

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