(영문) 의정부지방법원 2020.10.13 2020고단2847

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.10.13 2020고단2847

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 25, 2010, the Defendant issued a summary order of a fine of two million won to a district court for a violation of the Road Traffic Act (driving). On October 30, 2014, the Defendant had a record of being sentenced to a fine of two million won in the same court as the same crime.

On May 24, 2020, at around 15:49, the Defendant driven a E-Poter II cargo vehicle while under the influence of alcohol leveling 0.125% from the front road of the “C” to the front road of the Namyang-si, Namyang-si.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and notification of the results of the control of driving under the influence of alcohol;

1. Criminal records, etc. inquiry reports (A), report on the results of dispositions, previous records of confirmation, summary orders, and application of statutes on judgments;

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 for discretionary mitigation;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime even if he had a previous conviction in several times; (b) the Defendant’s blood alcohol concentration was considerably high; (c) the Defendant’s age, character and conduct and environment; and (d) the Defendant’s age, character and conduct and environment; (b) motive, means and consequence of the instant crime; and (c) the conditions of sentencing specified in the pleadings of the instant case, such as

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