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(영문) 의정부지방법원 고양지원 2020.06.04 2020고단692
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 becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 18, 2007, the Defendant was issued a summary order of KRW 1 million by the Jung-gu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On 19. 01. 01. 01. 01. 01. 01. 01. 01. 19. 01. 01. 0. 0. 0. 0. 0. 0. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same type of crime records);

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 the sentencing of Article 62-2 of the Criminal Act is that the driving of an order to attend a lecture is highly likely to be subject to criticism because of the high risk of infringing the life and property of

Although the Defendant had a previous drinking driving record, the Defendant committed the instant crime again.

However, the defendant recognizes his criminal facts.

In addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, various sentencing conditions as shown in the argument of this case, such as drinking water of this case, driving distance, the frequency and contents of the defendant's previous previous forces (one time), and other factors of punishment as ordered.

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