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(영문) 의정부지방법원 2020.01.21 2019고단3380
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

[Criminal Power] On November 9, 2007, the Defendant was notified of a summary order of a fine of KRW 4 million at the Jung-gu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 13, 2019, at around 10:08, the Defendant driven Done Star Co., Ltd., Ltd., located in Scheon City B, in the state of alcohol 0.078% of blood alcohol concentration, from approximately 1km to the 2260 string road from the Do in front of C to the 2260 string road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, application of statutes governing judgment;

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 reasons for sentencing under Article 62-2 of the Criminal Act include a criminal record of the same kind of drinking driving, and the criminal record of traffic-related laws and regulations has several times, but again commits the crime of this case, the criminal record of the defendant has long been committed, the criminal record of the same kind of crime is old, the defendant does not have any criminal record exceeding the fine, the blood alcohol concentration of the defendant, the defendant's age, character and behavior and environment, the motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments of this case,

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