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(영문) 의정부지방법원 2020.04.20 2019고단5940
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 November 28, 2019, at around 23:20, the Defendant driven a C Ttiball car in the state of alcohol with approximately 2 km alcohol concentration of about 0.227% from the road near Pyeong-dong in Pyeongyang-si, Namyang-si to the front road in the Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the situation of running a driving under the influence of alcohol, reports on the state of standing of a driver under the influence of alcohol, and records of the crackdown;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, at the time of the instant case, declared that the blood alcohol content was 0.27% and was 0.27%, and that the risk of drinking driving was realized by causing an accident.

However, considering the fact that the defendant has no record of punishment prior to the crime of this case, the defendant's age, character and conduct, family relationship, motive and means of the crime of this case, circumstances after the crime of this case, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors:

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