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(영문) 의정부지방법원 2021.01.21 2020고단5439
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On November 28, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating Road Traffic Act at the Dong District Court in Seoul, Dong-gu.

[Criminal facts] around 01:47 September 4, 2020, the Defendant driven a D Anon-car while under the influence of alcohol leveling 0.085% during blood while driving the D Anon-car in the direction of alcohol leveling to approximately 5km from the Dong area of Gwangjin-gu Seoul Metropolitan Government to the front day of Guri-si B.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in the main place of driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: References to inquiries, such as criminal history, and application of the same criminal records and confirmed Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant recognized the offense; (b) the Defendant’s criminal records; (c) the degree of alcohol level during blood transfusion; (d) driving distance; and (e) the time interval between the instant drinking driving and the instant drinking driving; and (e) the sentencing conditions specified in the records and arguments, including the time interval between the instant drinking driving and the instant drinking driving. The sentence

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