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(영문) 의정부지방법원 2020.05.26 2020고단193
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 August 19, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Seoul Northern District Court.

On November 03, 2019, at around 21:42, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.084% in the 10km section from the roads near the mental hospital in Gwangjin-gu Seoul Special Metropolitan City to the roads near the Gurisi-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, report on detection of a driver under the influence of alcohol, and inquiry into the results of crackdown on drinking;

1. Application of Acts and subordinate statutes on criminal records, reply reports, and summary orders;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant again commits the instant crime even if he/she had the same criminal record, according to the time interval from the same criminal record, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the instant crime, etc., the punishment shall be determined as ordered by taking into account the conditions of sentencing specified in the pleadings of the instant case,

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