(영문) 의정부지방법원 2020.10.14 2020고단1785

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 의정부지방법원 2020.10.14 2020고단1785

도로교통법위반(음주운전)

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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 July 14, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court for the crime of violation of the Road Traffic Act.

At around 22:20 on April 2, 2020, the Defendant driven an E food car under the influence of alcohol with approximately 200 meters alcohol concentration of 0.132% from the 200-meter section from the front of the factory site near the Namyang-si, Namyang-si to the front of the toy shop in the Namyang-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. On-site photographs of a survey report on the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), report on the results of confirmation before the disposition, and application of Acts and subordinate statutes of the summary order to be attached;

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. The defendant has a record of being punished for drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.132%.

However, considering the favorable circumstances that the defendant recognized the crime of this case and reflected in the fact that the defendant again does not drive under the influence of alcohol, considering the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, criminal record relation, etc., the punishment as ordered shall be determined by comprehensively taking into account all the following factors:

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