(영문) 의정부지방법원 2020.04.13 2020고단24

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.04.13 2020고단24

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 July 4, 2018, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court.

On December 24, 2019, at around 03:25, the Defendant driven a D Copic vehicle with a blood alcohol concentration of about 0.162% while under the influence of alcohol at about 1km from the 1km to the front road of the Gu Government City from the Gi Government City Do 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

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 sentenced to punishment for a violation of the Road Traffic Act (driving) around 2018, the Defendant had the history of punishment, the interval with the previous penal records, and the blood alcohol content of the instant case reached 0.162%, and the degree of shocking road boundary during driving under the influence of alcohol. In particular, considering the Defendant’s age, character and conduct, family relationship, motive and means of a crime, and circumstances after a crime, the sentence shall be determined as ordered by taking into account various sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, character and conduct, family relationship

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