(영문) 의정부지방법원 2019.11.27 2019고단3892

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 의정부지방법원 2019.11.27 2019고단3892

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 November 17, 2006, the Defendant: (a) received a summary order of KRW 1.5 million from the Seoul East Eastern District Court to a fine of KRW 1.5 million; (b) on March 24, 2009, a summary order of KRW 2 million from the Jung-gu District Court to a crime of violation of the Road Traffic Act (driving) on March 24, 2009; (c) started from an infinite-gun of Gyeonggi on July 13:30, 2019 to the roads in front of the South Yangyang-si; and (d) driven C Hasta car while under the influence of alcohol concentration of approximately 20km to the 0.053% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the statement of the status of the driver under the influence of alcohol, investigation report (report on the status of the drinking driver), and

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A), investigation reports, and other Acts and subordinate statutes;

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. The defendant who was sentenced to the sentence has a record of being punished as a crime of violating the Road Traffic Act on or around 2006 and around 2008, and selects the defendant to imprisonment.

The punishment shall be determined as per the order, comprehensively taking into account various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, family relation, motive and means of crime, circumstances after the crime, etc., according to the distance with the previous punishment history, the blood alcohol content of this case is 0.053%, the active persons want to take the preference, and other various sentencing conditions shown in the records and arguments of

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