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(영문) 의정부지방법원 2020.03.31 2019고단4455
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 March 21, 2017, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gangseo branch court of the Chuncheon District Court.

On August 27, 2019, at around 21:03, the Defendant driven a Fchier car under the influence of alcohol alcohol concentration of about 920 meters from the front road of the “C” located in the Gangwon Iron Group B, to the entrance three-distance road of the Ebridge located in the same Gun D.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal, and inquiry into the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, reply reports, and court records of the Chuncheon district court 2017 high-level 251 court records and 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 is that the defendant again commits the crime of this case even if he had a previous conviction of the same kind, at the time interval from the previous conviction of the same kind, the defendant's blood alcohol concentration, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime

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