beta
(영문) 의정부지방법원 2021.01.13 2020고단2509

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2014, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court.

On April 17, 2020, the Defendant driven a B-to-purd vehicle with alcohol content of about 1.3km from around the front of the French main point in the U.S. 04:59 to the luxal distance in the U.S. Y. Government. The Defendant driven a B-to-purd vehicle with alcohol content of at least 0.108% under the influence of alcohol in blood.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and a copy of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant committed the instant crime of driving a motor vehicle under the influence of alcohol concentration of 0.108% even before the reason for sentencing under Article 62-2 of the Criminal Act.

Drinking driving is a crime threatening to the life of himself/herself and other persons, and it is necessary to strictize it in consideration of social danger and harm.

However, in light of the circumstances where the defendant recognized the crime of this case and is against the defendant, there are minor children to support the defendant, majority of the defendant's branch wanting to find the defendant's wife against the defendant, etc. Considering the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, age, environment, criminal records, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the motive and circumstance of the crime, the method and consequence thereof, the circumstances after the crime,