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(영문) 의정부지방법원 2020.03.24 2019고단4671
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 June 15, 2015, the Defendant issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on the 26th of the same month, which became final and conclusive on the 26th of the same month, and upon receipt of the summary order of KRW 1.5 million for the same crime at the same court on May 8, 2017, the Defendant issued a summary order of KRW 1.5

7. 13. The decision became final and conclusive.

【Criminal Facts of Crimes” around 18:50 on September 30, 2019, the Defendant violated the duty of prohibition of drunk driving by driving a vehicle of approximately 5 km from the street in front of the Gyeonggi-si cafeteria to the street in front of the Gyeonggi Do Do Do Do Do dong-si, and driving a vehicle of approximately 5 km from the street in front of the Gyeonggi Do Do Do dong-si to the street in front of the Gyeonggi Do Do Do Do dong-si at least twice.

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. Previous convictions indicated in the judgment: Criminal history records, references to each disposition, preliminary records, results of confirmation, and application of Acts and subordinate statutes of each 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 commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol concentration of the defendant, the age, character, conduct and environment of the defendant, his age, character and conduct, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as

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