(영문) 의정부지방법원 2020.03.30 2019고단5454

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.03.30 2019고단5454

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 August 19, 2009, the defendant was issued a summary order of a fine of 700,000 won by the District Court of Jung-gu for the crime of violation of the Road Traffic Act.

On November 20, 2019, the Defendant driven a C vehicle while under the influence of alcohol of 0.041% with a blood alcohol concentration of about 3 km from the influent land (hereinafter referred to as the “Influence”) to the influent road from the influent land (hereinafter referred to as the “Influence”) of the Government-si (Seoul) to the front of

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 statement of the situation of a drinking driver, report on the situation of a drinking driving, and inquiry into the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes to criminal records, reply reports, investigation reports, and criminal records, etc.;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2009, the sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the blood alcohol content of the instant case is 0.041%; and (c) the fact that there are family members to be supported by the Defendant; and (d) the Defendant’s age, character and conduct, family relationship; (b) motive and means of the offense; and (c) the various sentencing conditions specified in the records and arguments,

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