beta
(영문) 의정부지방법원 2020.04.20 2020고단263

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 January 17, 2017, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Jung-gu District Court on January 17, 201.

On December 16, 2019, at around 21:48, the Defendant driven a Cpoter Ⅱ in the state of alcohol alcohol concentration of approximately 0.051% from the 4km section from the 4km section to the road located in Yangju City City, which is located in the Gidong of the Government-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation 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 on criminal records, etc. inquiry report (A), investigation report (Attachment to a summary order of the same kind of case), and summary order;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2017, the sentence sentence is determined in light of the distance with the previous penal records, the degree of alcohol content in the blood of this case is 0.051%. In addition, comprehensively taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions indicated in the instant records and arguments, such as circumstances after the crime, the sentence is determined as ordered.