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(영문) 의정부지방법원 2021.01.14 2020고단4599
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

On September 8, 2016, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Chuncheon District Court, and a summary order of KRW 3 million for the same crime at the Jung-gu District Court on August 27, 2019.

On August 23, 2020, around 04:49, the Defendant driven a B-be truck under the influence of alcohol with approximately 0.087% alcohol concentration in blood at the section of about 20km from the distance of about 20km to the point of 57.63 Km (the direction of transmission) of the 501-hon-ro, Ilju-ro, Ilju-ro, Yang-si, Yang-si, Yang-si, Yang-si, Yang-si, Yang-si, Seoul, to the point of 57.2K (the direction of drilling).

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less 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. Notification of the results of crackdown on drinking;

1. A previous conviction: A reply to inquiry, such as criminal history, reporting on a previous conviction of each disposition, reporting on the result thereof, and applying one copy of each summary order to the 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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