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(영문) 의정부지방법원 2020.04.22 2020고단314
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 December 25, 2019, at around 02:35, the Defendant driven a F rocketing car with a blood alcohol concentration of about 0.204% from the front of the parking lot C located in Dongducheon-si B to the front of the E in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of six Acts and subordinate statutes to field photographs at the time of suspect control, such as a report on the state of driving under the influence of alcohol, a copy of the ledger using a drinking gauge, notification on the results of the crackdown on drinking driving, a report on the state of

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, was sentenced to the blood alcohol content of 0.204%, and the fact that prior to the instant case, the Defendant had been punished for the crime of this species is disadvantageous to the Defendant.

However, taking into account the fact that driving distance is 100 meters and that the figures want to take the front line, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments.

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