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(영문) 의정부지방법원 2020.04.21 2019고단5690
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 March 30, 2007, the Defendant was issued a summary order of KRW 700,000 by the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

On December 3, 2019, at around 22:20, the Defendant driven CMW car from the public parking lot located in Seoyang-si, Namyang-si, Namyang-do to the front day of B in the same city, while under the influence of alcohol of 0.108%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes on criminal records, reply reports, and summary orders;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant again commits the crime of this case even though he had the same criminal record, the same criminal record has long been committed, the degree of blood alcohol and alcohol of the defendant, the age, character, conduct and environment of the defendant, motives, means and results of the crime, and other conditions of sentencing specified in the arguments of this case, including circumstances after the crime, shall be determined as ordered.

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