logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2020.02.13 2019고단3456
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On April 15, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court Goyang Branch on April 15, 2008, and was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on February 11, 2010. On April 24, 2013, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court Goyang Branch Branch on March 24, 2013. On May 15, 2015, the Defendant was sentenced to imprisonment with prison labor for 10 months and a suspended sentence of 2 years for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch Branch Branch Branch of the Government

On October 29, 2019, around 21:25, the Defendant driven a e-low-income vehicle under the influence of alcohol with approximately KRW 0.07% of alcohol alcohol concentration from around 500 meters away from the underground parking lots of the building B in Gyeyang-gu, Soyang-gu to the same 21:30 day from the same day.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (verification of the same type of crime records), each summary order, and application of statutes on judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant re-offending a crime even though he/she was punished several times due to drunk driving, in particular, he/she was sentenced to imprisonment suspended due to drunk driving two times, and committed a crime again even though he/she had a record of detention for a considerable period of time due to the previous crime, and that he/she did not have a blood alcohol concentration at the time of drunk driving and caused an accident.

However, the fact that the defendant acknowledges and reflects the crime, the fact that the surrounding person wants the defendant's wife, and the age, character, character and environment of the defendant, and others.

arrow