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(영문) 의정부지방법원 2020.04.13 2019고단5527

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 5, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court.

On December 7, 2019, at around 21:10, the Defendant driven a DNA cargo vehicle with approximately 150m alcohol concentration of 0.115% while under the influence of alcohol from around 150m to the road in the Southern-si, Nam-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Application of criminal records, reply reports, and summary order statutes;

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. Since the Defendant was punished for a violation of the Road Traffic Act (driving) around 2000 and around 2007, the sentence sentence is determined by comprehensively taking account of the Defendant’s age, character and conduct, family relation, motive and means of a crime, circumstances after a crime, etc., and various sentencing conditions shown in the records and arguments of this case, such as the distance from the previous punishment records and the degree of alcohol content of this case is 0.15%.