beta
(영문) 의정부지방법원 2020.12.21 2020고단4242

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

[Criminal Power] On March 21, 2019, the Defendant was issued a summary order of KRW 1.5 million by the District Court of Jung-gu to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On July 9, 2020, at around 22:24, the Defendant driven an E rocketing vehicle with a blood alcohol concentration of about 0.112% at the 1km section from the front of the C cafeteria located in Gyeonggi-si B to the arrival of the D Dowon Iron-gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the report filed to detect the driver and the report made under the circumstances of the driver; and

1. A report on the occurrence of a traffic accident and a survey report on the actual condition of a traffic accident and a list of countermeasures against 112 reported cases;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (verification of identical records of a suspect A);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the Defendant was punished for drunk driving in 2019 under Article 62-2 of the Criminal Act, the Defendant committed the instant crime in the short-term period.

The blood alcohol concentration of the instant case was considerably high by 0.112%.

The Defendant also caused an accident that causes drinking cars while driving under drinking.

The criminal liability of the defendant is not easy.

However, in comprehensive consideration of the fact that the defendant recognized the crime of this case, the health of the defendant is not good, and the age and character of the defendant, family relation, motive and means of the crime of this case, and circumstances after the crime of this case, the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions as shown in the records and arguments