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(영문) 의정부지방법원 고양지원 2020.02.14 2019고단3577
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 January 9, 2008, the Defendant was sentenced to a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Busan District Court's Branch on January 9, 2008, and was sentenced to a fine of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) in the Jungyang Branch Branch of the District Court on August 6, 2

On November 27, 2019, around 00:12, the Defendant driven Crain vehicle with a blood alcohol concentration of about 0.208% from the 30km section from the public parking lot for the head of the Gu, the public parking lot for the head of the Gu, the 4-28, which was in Goyang-si, the Goyang-si, the Goyang-si, the Jindo, to the ground parking lot for the Pakistan-si B apartment.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

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

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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking account of the defendant's records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration and the details of detection of the defendant's blood alcohol concentration and the following circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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