(영문) 의정부지방법원 2020.04.01 2019고단5191

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Reasons

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자간(%)

(영문) 의정부지방법원 2020.04.01 2019고단5191

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 May 26, 2010, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

On November 16, 2019, at around 22:15, the Defendant driven a FMW car in the state of alcohol alcohol concentration of about 0.124% from the Ccafeteria parking lot located in Guri-si B to the Eth of Guri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, report on the actual state of the driver concerned, and investigation report (report on the actual state of the driver concerned);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), investigation report (Attachment to a summary order of the same kind of power), and summary order;

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. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2010, the sentence sentence is determined as ordered by comprehensively taking account of the following factors: (a) the interval with the previous penal records; (b) the blood alcohol content of the instant case is 0.124%; and (c) the risk of drinking driving by causing a traffic accident while driving under the influence of alcohol; and (d) the Defendant’s age and character, family relation; (b) motive and means of the crime; and (c) the various sentencing conditions shown in the records and arguments, including the circumstances after the crime, are considered.

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