(영문) 의정부지방법원 고양지원 2020.05.22 2020고단252

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2020.05.22 2020고단252

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 November 10, 201, the Defendant received a summary order of KRW 7 million from the Incheon District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million from the Jung Government District Court on January 26, 2018 to a fine of KRW 2 million for the same crime.

【Criminal Facts】

On December 21, 2019, at around 21:20, the Defendant was under the influence of alcohol concentration of 0.070% in approximately 30km and driving a car in the state of under the influence of alcohol at approximately 0.070 meters in the 500km-gu unification of Seoyang-gu Incheon Metropolitan City around 22:20 on the same day.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime

However, the Defendant stated that all the facts charged are recognized and against the Defendant, and that the Defendant does not have any penalty, etc. is considered to be favorable to the Defendant, and the Defendant shall be determined by taking account of the Defendant’s age, character and conduct, health conditions, means and consequence of the crime, and the circumstances after the crime, etc., as indicated in the instant pleadings, and taking into

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