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(영문) 의정부지방법원 2020.12.07 2020고단2818
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 18, 2009, the defendant was issued a summary order of KRW 2 million by the Seoul Northern District Court for the violation of the Road Traffic Act.

On May 20, 2020, the Defendant, while under the influence of alcohol on May 20, 202: (a) around 02:47, driven an Efran vehicle from approximately 500 meters away from the roads adjacent to the Gyeonggi-si B to the roads prior to the same city D.

In this way, the defendant was driven twice or more while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (reports on confirmation of the suspect's drinking records, etc.);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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. The reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the Defendant had been punished for drunk driving in 2009, also committed the instant crime.

At the time of the instant case, the blood alcohol concentration of the Defendant was considerably high by 0.167%, and the Defendant also caused an accident that causes the shock of a vehicle under stop while driving under the influence of alcohol.

However, in comprehensive consideration of the fact that the defendant has recognized the crime, the same criminal record has long been old, the fact that the family members and branch members of the defendant want to take the front place, the circumstances of detection, age and character of the defendant, personality and conduct of the defendant, family relationship, motive and means of the crime, circumstances after the crime, etc., various sentencing conditions specified in the records and arguments of this case shall be determined as ordered.

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