(영문) 의정부지방법원고양지원 2020.12.03 2020고단2571

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(영문) 의정부지방법원고양지원 2020.12.03 2020고단2571

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2020, the Defendant received a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court.

On August 8, 2020, at around 22:15, the Defendant driven C vehicles under the influence of alcohol 0.203% in blood alcohol concentration without obtaining a driver's license in the range of about 7 km from the vicinity of the string distance in the Soyang-gu, Soyang-si to the front of the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and simultaneously drives without a license.

Summary of Evidence

1. The defendant's legal statement, the main driver's report, and the driver's license register of the report on the status of the main driver;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same criminal records as the suspect), and application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The person who was sentenced to a fine under the recent sentence of Article 62-2 of the Social Service Order Act and the person who was sentenced to a fine under the influence of drinking alcohol again after a few months of his/her imprisonment shall be selected.

However, considering the fact that there is no criminal record of imprisonment or heavier, the fact that there is a need to re-socialize in light of age and social living relationship, etc., and other factors of sentencing as ordered, the sentence shall be determined as ordered and its execution shall be suspended, but probation, etc. shall be added.

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