(영문) 의정부지방법원 2020.06.01 2020고단1826

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.06.01 2020고단1826

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 July 11, 2007, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act, etc. from the Jung-gu District Court, and on September 27, 2012, the same court received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act.

On December 15, 2019, the Defendant, at around 23:12, 2019, driven C rocketing car under the influence of alcohol concentration of about 0.078% from the 3km section to the front road of the same city and violated the obligation of prohibiting drunk driving twice or more.

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. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A) and investigation reports (attached 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 1999, around 2007, and around 2012, considering the distance from the previous penal records, the degree of alcohol content in the instant case is 0.078%, in particular, taking into account the Defendant’s age and character, family relation, motive and means of a crime, circumstances after a crime, etc., the sentence shall be determined as ordered by taking into account the various sentencing conditions shown in the records and arguments, including the Defendant’s age and character, personality and conduct, family relation, motive and means of a crime

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