(영문) 의정부지방법원 2020.03.24 2019고단4786

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(영문) 의정부지방법원 2020.03.24 2019고단4786

도로교통법위반(음주운전)

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A 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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On June 22, 2007, the Defendant issued a summary order of a fine of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Jung-gu District Court on the same year.

6. The same year when the summary order has been issued on March 17, 2010 and the same court has issued a summary order of one million won for the same crime;

4.7. The summary order was finalized, and on January 14, 2015, a fine of five million won has been issued in the same court for the same crime and the same year.

2.6. The summary order became final and conclusive.

【Criminal Facts” around 22:00 on October 7, 2019, the Defendant committed a violation of the duty of prohibition of drunk driving by driving a DNA cargo vehicle with approximately 500 meters away from the roads in front of the influence in Gyeonggi-si, the Gyeonggi-do, B, to the roads in front of the same city, at least two times.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, references to each disposition, preliminary records, results of confirmation, and application of Acts and subordinate statutes of each 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol concentration of the defendant, the age, character, conduct and environment of the defendant, his age, character and conduct, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as

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