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(영문) 의정부지방법원 2020.08.11 2020고단2422
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

On March 14, 2016, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

On April 29, 2020, at around 23:03, the Defendant driven CK7 car while under the influence of alcohol with about 0.103% alcohol concentration from the 2km section from the front of the cafeteria located in the Shodong-si to the front of the Guri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving and the state of driving under the influence of alcohol;

1. Application of Acts and subordinate statutes to criminal records, reply reports, investigation reports, and criminal records, investigation reports, etc.;

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; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be determined as ordered

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