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(영문) 의정부지방법원 2020.08.12 2020고단621
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 December 6, 2012, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million, and a summary order of KRW 1.5 million to a fine of KRW 1.5 million from the Jungbu District Court on August 11, 2014 to the same crime.

On February 9, 2020, at around 0:04, the Defendant driven a C-learning car from the 12k-mm section around the Goyang-si's Goyang-si's Goyang-si Center to the front road in Yangyang-si, Goyang-si, Goyang-si, Goyang-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement under the circumstances of the driver;

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

1. Previous convictions: Criminal history records, inquiry reports (A) and investigation reports (reports on the confirmation of the suspect's records of driving under influence of alcohol) have the records of being punished for drinking driving twice even before the sentencing is completed;

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.095%.

However, considering the favorable circumstances that the defendant recognized the crime of this case and is against the defendant, that the defendant supports his mother, that his family and the branch want his wife against the defendant, that the defendant is receiving a medical treatment after alcohol respect, and considering 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 of the defendant, the environment, and the criminal record relation, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions such as the following circumstances.

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