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(영문) 의정부지방법원 2020.10.20 2020고단3936
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 August 24, 2016, the defendant was issued a summary order of a fine of KRW 1.5 million by the District Court of the Republic of Korea on August 24, 2016.

At around 02:40 on July 15, 2020, the Defendant driven a DNA string vehicle under the influence of alcohol level of about 0.155% in the section of a road near C kindergarten located in C, which is about 50 meters in both cities of Gyeonggi.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol (driving in violation of the Road Traffic Act), report on the state of the driver under the influence of alcohol, inquiry into the results of the crackdown on the driving under the influence of alcohol, and investigation report (applicable with the

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a) and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election

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; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be determined as ordered

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