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(영문) 의정부지방법원 2020.04.14 2019고단5434
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 November 28, 2019, at around 02:15, the Defendant driven a SM5 D car while under the influence of alcohol leveling 0.208% from the 24km section of approximately 24km to the 1st floor parking lot in Namyang-si, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report the state of driving under the influence of alcohol and to notify the results of drinking control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 of the suspended sentence is the fact that the defendant committed the instant crime even though he had the same criminal record, the same crime has long been committed, the defendant's blood alcohol concentration was high, and the defendant's age, character and conduct and environment, motive, means and consequence of the instant crime, and the conditions of sentencing specified in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as the order.

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