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(영문) 의정부지방법원 2020.12.08 2020고단4373
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2010, the Defendant received a summary order of KRW 1500,000 as a fine for a violation of the Road Traffic Act, and KRW 2.5 million as a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on July 15, 201, respectively.

On July 30, 2020, at around 01:05, the Defendant driven Ccellto car under the influence of alcohol with approximately 1.5 km alcohol concentration of about 0.226% from the front of the restaurant near the Silri-si Maridong, to the front of the Guri-si Bari-si Bari-si.

Summary of Evidence

1. Defendant's legal statement;

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

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

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 committed the crime of this case even if he had a previous record of several times, the blood alcohol concentration of the defendant was high enough, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. of this case at intervals of time from the same criminal record, and other conditions of sentencing specified in the pleadings of this case, such as the defendant's age, character and conduct, character and environment, motive of the crime

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