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(영문) 의정부지방법원 2020.01.14 2019고단4031
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On December 31, 2014, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving on Motor Vehicle) from the Jung-gu District Court.

【Criminal Facts】

On August 14, 2019, at around 22:48, the Defendant driven C 2 truck under the influence of alcohol content of about 0.179% at the section of about 3 km from the roads near Geum-dong, Geumyang-si, Geumyang-si, Geumyang-dong, to the roads preceding B of the same city.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to sound records and non-licensed driving records);

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, despite the fact that the defendant had been punished for drunk driving in 2014, again commits the instant crime, taking into account the Defendant’s blood alcohol concentration, the Defendant’s age, character and behavior and environment, the motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following factors:

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