beta
(영문) 의정부지방법원 2020.06.23 2020고단1771

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 4, 2011, the defendant was issued a summary order of 1.5 million won by the Suwon District Court for a crime of violation of the Road Traffic Act.

On March 26, 2020, the Defendant, while under the influence of alcohol of 0.10% of blood alcohol level around 01:52, operated C-cr cruise car at approximately approximately 35 km from around the Gyeonggi-si B apartment around the Gyeonggi-si to the Gyeonggi-gu Yeung-ro 130 wholesale market shooting distance on the front road.

In this way, the defendant was driven twice or more while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A), investigation reports (reports on suspect's records of drinking alcohol);

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 conviction of the same kind; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; his age, motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be