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(영문) 의정부지방법원 2020.04.21 2019고단5090
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 2, 2010, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 2, 201, and on January 26, 2016, the Defendant was sentenced to imprisonment for six months and two years of suspended execution.

On November 2, 2019, at around 10:01, the Defendant driven a DNA car with a blood alcohol content of about 4km from around 145-1 to the underground car of about 0.078% from the 14k section from the 10:01 Government-si to the 145-1 Government-si, Jin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual status of the drinking driver, and the report on the actual status of the drinking driver;

1. The application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), the results of the control of drinking driving (A-2, and the results of the control of drinking driving;

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant again commits the instant crime even though he/she had a criminal record of a series of times, including a criminal record of a stay of execution, taking into account the time difference between the same criminal record and the previous criminal record, the blood alcohol concentration and environment of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the instant crime, and the conditions of sentencing as shown in the pleadings of the case, such as

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