(영문) 의정부지방법원 2020.06.23 2020고단1822

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.06.23 2020고단1822

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2008, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and on November 29, 2013, the same court received a summary order of KRW 4.5 million as a fine for the same crime. On September 7, 2016, the same court received a summary order of KRW 7 million as a fine for the same crime.

At around 18:30 on April 1, 2020, the Defendant driven a motor vehicle from the following side of the “C” located in Pyeongtaek-gun B to the D front road with approximately 200 meters alcohol concentration of 0.221% under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. The application of Acts and subordinate statutes on criminal records, etc., reports on the details of dispositions and undisposition, results of confirmation, and summary orders to be attached;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the Defendant again committed the instant crime even if he had been tried by several times of the same kind; (b) the interval between the previous convictions of the same kind; and (c) the Defendant’s blood alcohol concentration was very high; and (d) the Defendant’s age, character and conduct and environment; (b) motive, means and consequence of the instant crime; and (c) the sentence shall be determined as ordered in consideration of the conditions of sentencing

참조조문

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