(영문) 의정부지방법원 2020.05.12 2019고단5187

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Reasons

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줄 간격

자간(%)

(영문) 의정부지방법원 2020.05.12 2019고단5187

도로교통법위반(음주운전)

Text

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 August 22, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on August 22, 2006, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on November 20, 208.

On November 03, 2019, at around 09:00, the Defendant driven a D SP car while under the influence of alcohol concentration of approximately 0.071% at the section of approximately 11km from the 09:0 to the front road of the Gyeonggi-ri City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, report on the results of appraisal, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A) and investigation reports (verification of the same kind of power);

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 is that the defendant again committed the crime of this case even if he had been tried by several times of the same kind, the same criminal record has long been committed, the degree of blood alcohol and alcohol of the defendant, the age, character, conduct and environment of the defendant, the motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be determined as ordered

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