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(영문) 의정부지방법원 2020.11.26 2020고단4738
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 July 19, 2010, the Defendant received a summary order of KRW 2.5 million from the Seoul Northern District Court as a crime of violating the Road Traffic Act.

On August 16, 2020, around 23:30 on August 23:30, 2020, the Defendant driven a car with C low-est popa while under the influence of alcohol with approximately 0.261% alcohol concentration at the 11k section around the Defendant’s residential road located in the Dong-si, Dobong-gu Seoul Metropolitan Government.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the direction of the driver under the direction of the driver under the direction of the driver;

1. Notification of the results of drinking control;

1. Previous records before ruling: Application of two copies of criminal records, repeated statements, investigation reports (verification of the same kind of power), and 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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.

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