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(영문) 의정부지방법원 2021.01.21 2020고단5502
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

【Criminal Records of Crimes】 On December 20, 2013, the Defendant received a summary order of KRW 1,500,000 from the Seoul Northern District Court to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act. On December 14, 2018, the Seoul Central District Court received a summary order of KRW 4 million as the same crime.

【Criminal facts” From September 26, 2020 to the road near Songpa-gu Seoul Metropolitan Government B, the Defendant driven D's car under the influence of alcohol concentration of about 600 meters from the 600-meter section to the front road of the same Gu, while under the influence of alcohol content of about 0.114%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition of drinking driving.

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. Notification of the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal history), and a copy of a summary order;

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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