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(영문) 의정부지방법원 고양지원 2020.01.23 2019고단3461

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 July 23, 2015, the defendant received a summary order of a fine of KRW 4.5 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on July 23, 2015.

On November 28, 2019, at around 22:52, the Defendant driven a F low-water car in the state of alcohol alcohol concentration of about 0.096% in the section of approximately 2 km from the roads in front of the Ehigh School located in D at Paju City, to the roads in front of the E High School located in D at Paju.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of two copies of criminal records, repeated statements, and summary order copies to the Acts and subordinate statutes;

1. Relevant legal provisions of the Act and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant committed the instant crime even though he/she had the history of criminal punishment for the violation of the Road Traffic Act and the violation of the Road Traffic Act; and (b) the drunk driving is a crime that may cause serious damage to the life, body, or property of another person as well as the offender; and (c) there is a need for the corresponding punishment against the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.