(영문) 의정부지방법원 2020.12.15 2020고단4559

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 의정부지방법원 2020.12.15 2020고단4559

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 December 17, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Jung-gu District Court on the same day, and on January 22, 2008, the above summary order became final and conclusive, and on May 7, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Jung-gu District Court on the same day.

7. 1. A person with experience of violating Article 44(1) of the Road Traffic Act twice, such as a final and conclusive summary order.

On September 4, 2020, at around 21:27, the Defendant driven an Epoter cargo vehicle with approximately 300 meters away from C frontway in Gyeonggi-si, Gyeonggi-do, to D front roads, while under the influence of alcohol level of about 0.062%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and inquiry into the results of the crackdown on driving under the influence of alcohol;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (attached to a summary order);

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant again commits the instant crime even if he/she had the same criminal record, according to the time interval from the same criminal record, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the instant crime, etc., the punishment shall be determined as ordered by taking into account the conditions of sentencing specified in the pleadings of the instant case,

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