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(영문) 의정부지방법원 2020.08.24 2020고단1582
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 May 3, 2012, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act at the Jung-gu District Court on May 3, 2012

【Criminal Facts】

On January 5, 2020, the Defendant, while under the influence of alcohol 0.186% of blood alcohol concentration, driven B Poter truck at a section of about 45 km from the main city level to the point of 21.6 km of common interest, instead of inn, from the sub-section of the main city level below 0.186% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a driving under the influence of alcohol, report on the situation of a driving under the influence of alcohol, report on the control of a driving under the influence of alcohol, and inquiry into the results of the

1. Photographs of suspect C’s vehicle in the written report on internal investigation;

1. Previous records of judgment: Application of Acts and subordinate statutes such as criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), summary orders;

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. In 2005 and 2012, the Defendant again committed the instant crime even though he/she was sentenced to a fine due to the violation of the Road Traffic Act by the reason of sentencing under Article 62-2 of the Criminal Act.

As above, the number and interval of previous penal power and the blood alcohol concentration (0.186%) of this case are considerably high, the distance of drunk driving is also long, and the Defendant’s age and character, personality and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively considered in light of various sentencing conditions shown in the records and arguments of this case.

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