beta
(영문) 의정부지방법원 고양지원 2020.04.29 2019고단3734

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 November 26, 2007, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court, and on June 28, 201, the Defendant received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (refluence of noise measurement) from the Goyang Branch Branch of the Jung-gu District Court on March 28, 201.

On October 23, 2019, at least 21:13, the Defendant violated the duty of prohibition of driving under the influence of alcohol on at least two occasions by driving an E high-speed vehicle while under the influence of alcohol with approximately 70 meters alcohol concentration of about 0.119% on the front of the “C cafeteria” road located in Pakistan-si B, Pakistan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and entry into the following inquiries;

1. Previous records of judgment: Application of Acts and subordinate statutes stated in criminal records, inquiry reports and investigation reports (Attachment to the same type of criminal records and summary orders);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Criminal Act include not only twice the criminal defendant was punished due to drinking alcohol or refusing to measure drinking, but also criminal records of suspended sentence due to violent crimes, and the drinking alcohol level of the crime of this case is considerably high.

However, it has been less than 8 years since the defendant was punished as a refusal to take a drinking alcohol test, and the defendant seems to be against the defendant's disposal of the vehicle and not to repeat the crime.

The defendant is engaged in long-term volunteer activities in voluntary crime prevention teams and volunteer fire brigades.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

It is so ordered as per Disposition for the reasons above.