(영문) 의정부지방법원 2020.11.23 2020고단3514

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.11.23 2020고단3514

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

On August 27, 2010, the Defendant received a summary order of KRW 2 million from the Seoul Eastern District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the Jungbu District Court on November 2, 2016 to a fine for the same crime.

At around 08:20 on June 21, 2020, the Defendant driven a Drocketing car with a blood alcohol concentration of about 0.046% under the influence of alcohol at approximately 15km from the Do in front of the apartment house B in the south-si, Gyeonggi-do, to the front road in the Namyang-si, Namyang-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Application of two copies of the criminal history records, investigation reports, and summary order issued under two 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 been punished for drinking driving in 2010 and 2016.

The defendant caused the accident that caused the previous vehicle while driving under influence of alcohol.

However, the following facts are comprehensively considered: (a) the Defendant recognized the instant crime; (b) the Defendant did not repeat the instant crime; (c) the blood alcohol concentration level of the instant case is relatively low; and (d) the distance of drinking alcohol, the circumstances leading up to the crackdown; (b) the Defendant’s age and character and conduct; (c) the Defendant’s family relationship; (d) the motive and means of the instant crime; and (d) the circumstances after the crime

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