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(영문) 의정부지방법원 2020.06.16 2020고단896
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 10, 2007, the Defendant issued a summary order of a fine of KRW 4 million at the Seoul Northern District Court due to a violation of the Road Traffic Act (driving) and the same year.

5.12. A final and conclusive date.

On December 27, 2019, around 07:57, the Defendant driven DK5 automobiles with approximately 700 meters alcohol concentration 0.144% under the influence of alcohol from the section of approximately 700 meters from the front of the Namyang-si, Gyeonggi-do to the front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report, inquiry into the results of the crackdown on drinking driving control, blood alcohol appraisal report, and investigation report (final acceptance of the suspect's mark applied);

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A) and investigation reports (Attachment to the same summary order);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the instant crime even if he had the same criminal record, the time interval from the same criminal record, the defendant's blood alcohol concentration was considerably high, and the defendant's age, character and conduct, character and environment, motive, means and consequence of the instant crime, and the conditions of sentencing as indicated in the pleadings of the instant case, such as the circumstances after the crime, shall be determined by taking into consideration.

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