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(영문) 의정부지방법원 2019.09.04 2019고단2120
도로교통법위반(음주운전)
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 became final and conclusive.

Reasons

Punishment of the crime

On April 16, 2010, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on May 14, 2015, respectively.

On April 7, 2019, at around 22:25, the Defendant driven a rocketing car in the state of alcohol alcohol concentration of approximately 0.105% from the 22:30-on the same day to the front road located in C in the same city B.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: The results of inquiry, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of the summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished several times due to drinking or unlicensed driving even before the sentence is rendered.

Nevertheless, the crime of this case was committed while driving under the influence of 0.105% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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