(영문) 의정부지방법원 2020.03.30 2019고단5765

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.03.30 2019고단5765

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 January 22, 2009, the Defendant was issued a summary order of two million won or more as a crime of violating the Road Traffic Act by the Incheon District Court.

At around 05:50 on December 14, 2019, the Defendant driven an ENAS car at approximately 500 meters from the front of the Guri-si B loan to the front of the D in Guri-si, with a blood alcohol concentration of about 0.122% from the 500-meter section from the front of the D in Guri-si.

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. A report on the statement of the status of a drinking driver, an investigation report (report on the status of a drinking driver), and a report on the status of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type of power);

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 sentence is determined by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the degree of alcohol content of the blood of this case reaches 0.122%; and (c) the so-called night driving case; and (d) the Defendant’s age, character and conduct, family relationship; (b) motive and means of the crime; and (c) the circumstances after the crime, etc., as indicated in the records and arguments of this case

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유사 판례

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