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(영문) 의정부지방법원 2020.04.21 2019고단5039
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 February 13, 2013, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Suwon District Court.

On November 4, 2019, at around 21:10, the Defendant driven an EMW car under the influence of alcohol concentration of about 0.073% from the front of the “C” road located in the C in the C in the C in the C in the C in the C in the C in the C in the C in the period from about 500 meters to the front of the D in the C in the C in the s

Accordingly, the Defendant violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice.

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 one copy of an inquiry report on criminal records, etc. and one copy of a summary order under Acts and subordinate statutes;

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 conviction of the same kind, at the time interval from the previous conviction of the same kind, the defendant's blood alcohol concentration, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime

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