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(영문) 의정부지방법원 2020.05.12 2019고단5023
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 September 22, 2016, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the District Court of Jung-gu on September 22, 2016, and on March 8, 2012, the Defendant issued a summary order of KRW 4 million for the same crime at the same court.

On September 20, 2019, around 22:10, the Defendant driven a non-registered dial with no mandatory insurance, while under the influence of alcohol leveling 0.210%, the Defendant driven a 314m section from the front of the Do Government-si to the front of the 314 Do-si Do-si Do-ro to the citizens of the 314 Do-si Do-si.

Summary of Evidence

1. Defendant's legal statement;

1. Consent to and confirmation letter of blood collection, statement of blood alcohol appraisal, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 of Article 62-2 of the Criminal Act on community service and lecture attendance order commits again the crime of this case even though the defendant had been tried by several times of the same kind of criminal records, distance from time before and after the same kind of criminal records, the defendant's blood alcohol concentration was high, and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., and the punishment as ordered shall be determined by taking into account the conditions of sentencing specified in the arguments of this case,

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