(영문) 의정부지방법원 2021.01.13 2020고단5578

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2021.01.13 2020고단5578

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 26, 2006, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (drinking driving) at the District Court of the Kug Government on December 26, 2006, and on February 17, 2007, the said summary order became final and conclusive and conclusive and has the history of violating Article 44(1) of the Road Traffic Act once.

On June 20, 2020, the Defendant driven Bing-out car while under the influence of alcohol content of 0.036% in the blood, at approximately 50 meters near the Western-distance road located in the Seocho-gu, Seogpo-si, Kimpo-si, Kimpo-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and investigation report (report on the circumstances of the driver under driving under driving under drinking);

1. References to inquiries, such as criminal career data, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has a record of being punished several times, and even though he/she has been punished several times due to drinking driving, the crime of this case is bad in that he/she committed the crime of this case.

On the other hand, the punishment of the defendant as a crime of violating the Road Traffic Act was imposed on around 2007, and the period of alcohol content of the defendant's blood at the time of the case is 0.036%. In addition, the defendant's age, character and conduct, family relation, motive and means of the crime, circumstances after the crime, etc. are considered comprehensively, and the punishment is determined as ordered.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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