(영문) 의정부지방법원 2019.10.30 2019고단3358

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.10.30 2019고단3358

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 October 1, 2007, the Defendant received a summary order of a fine of one million won by committing a violation of the Road Traffic Act (driving) at the Incheon District Court, and operated a CKan-man Motor Vehicle under the influence of alcohol 0.121% under the influence of alcohol concentration on August 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

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

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 violation of the Road Traffic Act (driving) around 2007, the sentence shall be determined in accordance with the order, taking into account the distance with the previous penal records, the degree of alcohol content of the blood of this case reaches 0.121%, particularly taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., as well as the various sentencing conditions shown in the records and arguments of this case, including the Defendant’s age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime

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