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(영문) 의정부지방법원 2020.05.12 2019고단5826
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 November 25, 2010, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act at the District Court of the Republic of Korea on November 25, 201, and such summary order became final and conclusive on December 14 of the same year.

On October 13, 2019, the Defendant, while under the influence of alcohol on 09:50% of blood alcohol concentration, committed a violation of drinking-free vehicle two times or more by driving a 1km section from before B before the Gyeonggi Franc City to the D three-dimensional distance in C located.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Application of Acts and subordinate statutes on criminal records, reply reports, and summary orders;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant again commits the instant crime even if he/she had the same criminal record, according to the time interval from the same criminal record, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the instant crime, etc., the punishment shall be determined as ordered by taking into account the conditions of sentencing specified in the pleadings of the instant case,

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