logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.11.23 2020고단3613
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

[Criminal Power] On March 14, 2012, the Defendant was issued a summary order of KRW 6 million by the Suwon District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Around July 21, 2020, the Defendant driven D Lasta car at approximately 600 meters away from the road in front of a cafeteria in the new Sincheon-si, Sincheon-si to the front day of C in the same city. From approximately 600 meters to the day of C in the same city, the Defendant driven D Lasta car with a blood alcohol content of 0.203% under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the status of drinking drivers, and report on the status of drinking drivers, status of drinking drivers, and statement;

1. Investigation report (Calculation of blood alcohol concentration) on the result of the control of drinking driving, report on internal investigation (return of request for appraisal) and response to requests for appraisal;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), investigation reports (reports accompanying criminal records of the same kind A) and 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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant committed the instant crime even though he had the record of being punished for driving under influence of alcohol in 2006 and 2012.

At the time of the instant case, the blood alcohol concentration was very high to 0.203%.

However, in full view of the fact that the defendant recognized the crime of this case, the fact that the defendant is a family member to support, the distance of drunk driving (600m), the background of crackdown, the age and character and conduct of the defendant, his age and personality and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined as per Disposition,

arrow