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(영문) 의정부지방법원 2020.05.12 2019고단5939
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 September 17, 2015, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Jung-gu District Court on September 17, 2015.

On November 28, 2019, at around 20:37, the Defendant driven an Esch Rexton car in the state of alcohol alcohol concentration of about 0.060% from the front road of the “C” in the Namyang-si B to the front road of the Namyang-si.

As a result, the Defendant violated the prohibition on driving a motor vehicle under the influence of alcohol not less than twice.

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 in Part II of criminal records, reply reports (A) and summary order;

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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