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(영문) 의정부지방법원 고양지원 2020.06.05 2020고단308
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

[criminal power] On April 21, 2006, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Seoul Eastern District Court, and a summary order of KRW 2 million as a fine in the same court on March 27, 2009, respectively.

【Criminal Facts】

At around 23:00 on January 22, 2020, the Defendant driven DK5 car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.107% from the Do in front of the B commercial building in Pakistan to the front road of the same city apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the state of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry reports and summary order-related 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime

However, considering the circumstances favorable to the defendant, such as the fact that the defendant states that all the facts charged are recognized and against the defendant, that the defendant is not subject to imprisonment, that there is no previous sentence after 2009, that there is no previous support for his spouse and two children, etc., the punishment as ordered shall be determined by taking into account the following factors: the defendant’s age, character and behavior, health status, means and consequence of the crime, and circumstances after the crime, etc.

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