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(영문) 의정부지방법원 2020.01.07 2019고단3926
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 21, 2019, at around 23:20, the Defendant driven a sports car with approximately 4 km from the front of C in Yangyang-si, Namyang-si, to the front of D in Yangyang-si, with a blood alcohol concentration of at least 0.210%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control of drinking driving;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant committed the instant crime even though he/she had been sentenced to several criminal records of the same kind and has been punished for the violation of the Road Traffic Act in 2012, the defendant's blood alcohol concentration was higher than that of the Defendant, and the defendant's age, character and conduct and environment, motive, means and consequence of the instant crime, and the conditions of sentencing as shown in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered by taking into consideration.

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