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(영문) 의정부지방법원 2020.02.11 2019고단4183
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 July 4, 2019, at around 01:35, the Defendant driven a CM5 LPLi car in the state of alcohol with approximately 0.138% alcohol concentration in the section of about 1km from the vicinity of Socdong-dong Socdong-dong to the front road of B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant again committed the crime of this case even though he had been tried by several times of the same kind, the blood alcohol concentration of the defendant was considerably high, the defendant's previous criminal records are old, the defendant has no criminal records exceeding the fine, and the defendant has no criminal records other than the fine, and the punishment is determined as ordered by taking into account the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime

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