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(영문) 의정부지방법원 2020.12.17 2020고단4917
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 25, 2013, the Defendant issued a summary order of KRW 4 million in the Seoul Central District Court for a crime of violation of the Road Traffic Act, and issued a summary order of KRW 5 million in the same court on September 17, 2013 due to the same crime.

On September 16, 2020, the Defendant driven an Eco or fex vehicle under the influence of alcohol with approximately 0.136% of the blood alcohol concentration at approximately 500 meters from the D convenience store located in the same city from the roads in front of the Sincheon City B market to the roads in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the direction of the driver under the direction of the driver under the direction of the driver;

1. Notification of the results of drinking control;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (report attaching criminal records of the same kind A) 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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.

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