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(영문) 의정부지방법원 2020.10.20 2020고단3378
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 December 12, 2008, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act by the District Court of the Republic of Korea on December 12, 2008.

Although the Defendant had been punished for drunk driving as above, at around 03:50 on May 26, 2020, the Defendant driven CMW car under the influence of alcohol 0.163% from the 4km section from May 26, 202 in front of the public-private cafeteria-dong cafeteria to the front road of the same city B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Application of criminal records, reply reports, and Acts and subordinate statutes on the confirmation of the same kind of power;

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 crime of this case even though he had the same criminal record, the defendant's blood alcohol concentration was considerably high, the defendant's age, character and conduct and environment, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into consideration the conditions of sentencing as shown in the arguments of this case, such as

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