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(영문) 의정부지방법원 2020.01.14 2019고단4023
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 February 8, 2012, the Defendant was issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act by the District Court of Jung-gu.

On September 19, 2019, around 22:35, the Defendant driven an Epoter two cargo vehicles under the influence of alcohol content of about 0.046% in the section of approximately 6 km from the D Elementary School located in Kui-si C to the front road of Kui-si, Government-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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 reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished for drunk driving in 2012, committed again the crime of this case, and that the same criminal record of the defendant has been relatively old, the defendant's blood alcohol concentration, the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior, character and environment, motive of the crime

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