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(영문) 의정부지방법원 고양지원 2019.11.27 2019고단2647
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

On December 13, 2007, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu.

around 15:50 on September 7, 2019, the Defendant driven a F S50-benz car at approximately 50 meters in the section of approximately 0 meters of alcohol alcohol concentration from the C station transfer parking lot located in Seoyang-gu, Seoyang-gu B to the E store front roads located in D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the situation of a drinking-driving, and inquiry into the results of the crackdown on drinking-driving;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (previous and confirmation), and application of summary order 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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account all the factors such as the fact that there is only one time the history of punishment for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that drinking is relatively high, the occurrence of traffic accident, the confession and reflect of the crime, the current situation of the defendant's custody, and the age of the defendant, etc.

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