(영문) 의정부지방법원 2020.01.07 2019고단3945

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(영문) 의정부지방법원 2020.01.07 2019고단3945

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On April 22, 2008, the Defendant was notified of a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on April 22, 2008, and a fine of KRW 3 million as the same crime at the Jung-gu District Court on September 29, 2014.

【Criminal Facts】

On August 27, 2019: (a) around 23:14, the Defendant driven a “C” vehicle in Gangnam-gu Seoul, Seoul, under the influence of alcohol concentration of about 0.7 km from approximately 1.7km to the roads located in D of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

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

1. On-site photographs;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;

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 commits the crime of this case even though he had been tried two times the same kind of criminal records, the defendant does not have any criminal records exceeding the fine, the degree of blood alcohol content of the defendant, the age, character and behavior and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by taking into account the conditions of sentencing as

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