(영문) 의정부지방법원 2020.03.30 2019고단5780

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.03.30 2019고단5780

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 August 8, 2012, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine in the same court on May 27, 2013.

On December 01, 2019, around 08:56, the Defendant violated the duty of prohibition of drunk driving by driving DoMW520 vehicles under the influence of 0.115% of alcohol concentration at the front of a pay parking lot C in Gui-si B, Gui-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the status of drinking drivers;

1. On-site photographs at the time of enforcement;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A) and investigation reports (Attachment to the same summary order);

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. Since the Defendant was sentenced to punishment for a crime of violation of the Road Traffic Act around 2005, around 2006, around 2012, and around 2013, the period between the previous penal records and the instant case, and the distance of the blood alcohol content of the instant case exceeds 0.115%, in particular, the Defendant’s age and character, family relation, motive and means of a crime, and circumstances after committing the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the distance of the instant blood alcohol content exceeds 0.15%; and (b) the Defendant’s age and character, family relation, motive and means of a crime, and circumstances

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