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(영문) 의정부지방법원 고양지원 2020.05.22 2020고단257
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On October 30, 2007, the defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court, and on January 6, 2016, a summary order of KRW 4.5 million for the same crime is issued respectively.

【Criminal Facts】

On December 15, 2019, at around 11:45, the Defendant driven Bho-do car under the influence of alcohol concentration of about 0.150% in approximately 50 meters from the 11:45 meters old map to the 105-ro 103-ro, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

Accordingly, the Defendant driven a motor vehicle not less than twice under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the statement on the state of drinking drivers;

1. Previous convictions in judgment: References to criminal records and the application of statutes on each written judgment;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the order of community service order is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant was punished for driving a motor vehicle for drinking, and the defendant's liability for the

However, the Defendant stated that all the facts charged are recognized and against the Defendant, that there is no sentence imposed on the Defendant, that the Defendant has donated blood six times over the past, made a commitment of organ donation, and contributed to society, etc. In addition, considering the favorable circumstances for the Defendant, the Defendant’s age, character and conduct, health conditions, means and results of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the arguments

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