beta
(영문) 의정부지방법원 고양지원 2019.08.22 2019고단1535

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 August 21, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on March 30, 2015, the same court received a summary order of KRW 5,00,000 from the same crime and received a summary order of KRW 5,00,000 as a fine for the same crime on at least two occasions. On May 27, 2019, the Defendant driven a motor vehicle with Dh-h-h-h-h-h-h-h-h-h-h-h-h-k-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (the three-year relationship for a sound driving and attachment thereof);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s act of driving under drinking even though the Defendant had a history of criminal punishment twice due to the violation of the Road Traffic Act, and the blood alcohol concentration is not lower than 0.103%, and there are no circumstances to be considered in the circumstances leading up to the Defendant’s act of driving at the time of the instant crime, and the Defendant’s act of driving under drinking is a crime that may cause serious damage to another person’s life, body, or property as well as a crime that needs to be punished corresponding thereto, which is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

(b) other.