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(영문) 의정부지방법원 2021.02.09 2020고단6107
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2012, the Defendant was notified of a summary order of a fine of KRW 5 million for a crime of violating road traffic law (drinking driving) in the Chuncheon District Court's original state branch on September 21, 201.

On November 8, 2020, the Defendant driven a E-A6-car under the influence of alcohol concentration of 0.133% from the front of the C cafeteria located in the Guri-si B to the front of D-si in the Guri-si. In addition, the Defendant driven the E-A6-car under the influence of alcohol concentration of 0.13% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in the main place of driving;

1. A written inquiry about the result of regulating drinking driving;

1. Previous conviction: Application of inquiry letter, such as criminal history, and Acts and subordinate statutes confirming the history of drinking driving;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant recognized the offense; (b) the Defendant’s criminal records; (c) the degree of alcohol level during blood transfusion; (d) driving distance; and (e) the time interval between the instant drinking driving and the instant drinking driving; and (e) the sentencing conditions specified in the records and arguments, including the time interval between the instant drinking driving and the instant drinking driving. The sentence

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