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(영문) 의정부지방법원 고양지원 2020.05.29 2020고단421
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 record] On December 16, 2019, the Defendant was under the influence of alcohol and was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving on January 16, 2020) at the Goyang Branch Branch of the Jung-gu District Court on March 16, 2020.

【Criminal Facts】

At around 00:10 on January 11, 2020, the Defendant driven the E-benz car under the influence of alcohol concentration of approximately 200 meters from the 200-meter road in C Station B, a 00-meter, prior to the same city hotel, to the roads prior to the same city hotel.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the results of the drinking driving control (No. 4 times the evidence);

1. Statement on the circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, a copy of the summary order, and the provisions of Acts and subordinate statutes of time, such as checking and checking criminal records, one copy of the summary order, and checking results of drinking driving control (No. 5

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle even though the defendant did not have been discovered due to drunk driving, and the defendant's liability is not minor.

However, the Defendant stated that all the facts charged are recognized and against the Defendant, the consignment sale of vehicles, the driving distance is relatively not clear, and the sentence is not imposed, etc., shall be considered as favorable to the Defendant. In addition, considering the Defendant’s age, character and conduct, health conditions, means and results of the crime, the conditions of sentencing specified in the arguments in this case, such as the circumstances after the crime, the punishment shall be determined as ordered.

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