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(영문) 의정부지방법원 2020.04.21 2019고단5112
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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 May 23, 2019, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Seoul Northern District Court.

On November 17, 2019, at around 21:18, the Defendant revised the facts charged according to evidence to the extent that it does not substantially obstruct the Defendant’s exercise of his/her right to defense of blood alcohol content 0.052%, without obtaining a driver’s license in the 1km section from “Sari-si B Hotel” to “Sari-si B Hotel” to 175 Simn-si mn-si, 175.

The C-cracking car was driven 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, and report on the situation of driving under drinking;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Application of Acts and subordinate statutes on criminal records, reply reports, and summary orders;

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 of the same kind, at the time interval from the previous conviction of the same kind, the defendant's blood alcohol concentration, the age, character and conduct and environment of the defendant, the 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

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