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(영문) 의정부지방법원 고양지원 2020.05.27 2020고단663
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 February 14, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million as a fine for the same crime from the Jung-gu District Court Goyang Branch on January 25, 201, respectively.

around 17:44 on February 22, 2020, the Defendant violated the prohibition provisions on drunk driving by driving a motor vehicle with a fro-hon level with a blood alcohol content of about 200 meters at approximately 0.061% under the influence of alcohol at a level of about 0.061% at a level of about 200 meters up to the parking lot in Gyeyang-gu, Soyang-gu, Soyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and entry into the following inquiries;

1. Previous records of judgment: Application of Acts and subordinate statutes entered in the statement of criminal records, references to criminal records, prior to each disposition, and reporting of results of confirmation;

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 to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant was punished for drunk driving, even though there are two occasions.

However, the amount of 10 years has passed since the defendant was punished for drunk driving, and the amount of drinking alcohol of the crime of this case is low and the distance of drinking driving is short.

The defendant shows that he will not dispose of the vehicle and will not repeat the crime.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

It is so decided as per Disposition for the above reasons.

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