beta
(영문) 의정부지방법원 2020.09.09 2020고단1682

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 June 21, 2019, the Defendant was issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act by the District Court of the Republic of Korea on June 21, 2019

The previous convictions prior to June 1, 2006 shall be deleted, and such corrections shall be made, based on evidence.

On March 16, 2020, the Defendant: (a) around 23:40 on March 16, 2020, operated a car under the influence of alcohol 0.124% of the blood alcohol concentration from the section of about 20km of Seoul except for Seoul Metropolitan Highway to the road in front of the non-ampic tunnel, which is located from the parking lot of Mapo-gu Seoul Metropolitan building B to 40-14 pyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and the application of Acts and subordinate statutes on the same type of force;

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. The accused has been punished twice as drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.124%.

The defendant was punished by a fine due to drinking driving in 2019, and has not passed since one year has not passed since he was sentenced to a fine, he was driving again, and the drinking alcohol is high, and the distance of the defendant's driving is considerable.

The criminal liability of the defendant is not easy to say.

However, in light of the facts that the defendant recognized the crime of this case and is against the defendant, there is a family member to support the defendant, the defendant's disposal of the defendant's vehicle while failing to drive under the influence of alcohol, and the majority of the family members and the branch members want to take a preference against the defendant, etc., the social ties relation seems relatively clear, and the crime including the above circumstances, is committed.