beta
(영문) 의정부지방법원 고양지원 2020.01.17 2019고단3430

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 October 12, 2009, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act, etc. from the Goyang Branch of the Jung-gu District Court on October 12, 2009, and on September 28, 2012, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving).

around 23:00 on November 23, 2019, the Defendant driven Cpoter vehicles under the influence of alcohol leveling of about 0.064% from the 1km section from the front edge of the packing jum-gu, Goyang-si to the front road of the building in the Pju-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Criminal records, etc. inquiry reports and application of summary order-related Acts and subordinate 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. The sentence as ordered shall be determined by comprehensively taking account of the following circumstances: the Defendant’s history of the same punishment for sentencing under Article 62-2 of the Criminal Act; the blood alcohol concentration of the instant case; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and the circumstances after the crime was committed.