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(영문) 의정부지방법원 2020.04.14 2019고단5558
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 June 23, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act in the Daegu District Court's Ansan Branch on June 8, 2016, respectively.

At around 14:40 on September 15, 2019, the Defendant driven a cwning Ⅲ under the influence of alcohol concentration of approximately 1.5 km from a permanent resident, to a permanent resident, in his/her fluence, from the fluence B to the fluence of his/her fluence on the road in his/her permanent residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes on criminal records, replys to criminal records, investigation reports, and criminal investigation reports;

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 in several times, taking into account the time interval with the same kind of crime, the defendant's blood alcohol concentration, and other age, character, conduct and environment of the defendant, 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, etc.

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