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(영문) 의정부지방법원 2020.10.20 2020고단3789
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 June 8, 2012, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on March 12, 2013, respectively.

On June 21, 2020, at around 05:26, the Defendant driven a Dom-5 car under the influence of alcohol concentration of about 0.152% from the front of the Gui-ri Fire Station located in the Guri-si, Siri-si to the front road of the “C” located in Guri-si, Siri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports, and criminal records, etc.;

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 crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime,

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