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(영문) 의정부지방법원 2020.11.27 2020고단2425
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

around 00:33 on May 10, 2020, the Defendant driven a D K9 car in the state of alcohol with approximately 500 meters alcohol concentration of 0.227% in the section of approximately 500 meters from the front road of the Yangju city to the underground parking lot of the C apartment in the Yangju city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 committed the instant crime in which the Defendant was driving under the influence of 0.227% of the blood alcohol concentration.

However, considering the fact that the defendant recognized the crime of this case and is against the defendant, there are family members to support the defendant, majority of the persons who committed the crime of this case wanting to take advantage of the fact that the social ties seems to be relatively clear, such as the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, and criminal record relations, etc., the punishment as ordered shall be determined by taking into account all the factors such as the punishment conditions.

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