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(영문) 의정부지방법원 2020.02.05 2019고단5258

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 2, 2018, the Defendant was issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act by the District Court of the Republic of Korea.

On November 3, 2019, at around 23:15, the Defendant driven a low-priced fluor D car at a section of about 300 meters from Namyang-si to C in the same city under the influence of alcohol content 0.121%.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. On-site map and photograph;

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. Article 62 (1) of the Criminal Act;

1. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.

Nevertheless, while driving under the influence of 0.121% of the alcohol concentration in the second blood, the accident caused by strong shocking and damaging the pents of the road.

However, it shall be considered in favor of the fact that the defendant recognized the crime and is against the defendant, that the vehicle of the defendant is subscribed to the motor vehicle comprehensive insurance, that the vehicle is disposed of by mistake that does not drive the motor vehicle again, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.