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(영문) 의정부지방법원 2020.03.24 2019고단4678
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 July 21, 2014, the Defendant was issued a summary order of a fine of three million won at a district court of Jung-gu to commit a violation of the Road Traffic Act, and the same year.

8. 15. The above summary order was finalized.

【Criminal Facts of Crimes】 On July 9, 2019, at around 21:30, the Defendant: (a) driven a C-car under the influence of alcohol with approximately 3 km water content 0.106% while under the influence of alcohol in the middle of the same city to the roads in front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver's license, the report on the situation of the driver's license, and the report on blood alcohol;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and summary order (2014 high-ranking 6487)-related Acts and subordinate statutes;

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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