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(영문) 의정부지방법원 2020.04.14 2019고단5503
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On October 31, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

On October 28, 2019, at around 18:07, the Defendant driven a 31 ton cargo vehicle E with a blood alcohol concentration of about 2km from the front of the “C Community Center” road in Gyeonggi-gun, Gyeonggi-gun, D market in Gyeonggi-gun, to the parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, a report on the circumstances of drinking drivers, and a report on the situation of drinking driving;

1. Application of Acts and subordinate statutes to a statement on criminal records, etc., a statement on the investigation (A) and a report on the results of confirmation of the disposition;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the instant crime even if he had a previous conviction for the same kind of crime, taking into account the following factors: the defendant's time interval with the same kind of crime, the blood alcohol concentration of the defendant, the circumstances after the crime, the age, character and conduct and environment of the defendant, the motive, means and result of the crime, etc., the punishment as ordered shall be determined

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