(영문) 의정부지방법원 2020.04.01 2019고단4330

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.04.01 2019고단4330

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 May 26, 2015, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the District Court of Jung-gu.

On September 29, 2019, around 23:19, the Defendant driven a F Poter under the influence of alcohol leveling 0.046% of alcohol level 0.046% from the front of the “C” road in Yangju-si B to the front of the “E” road in Yangju-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, report on the circumstantial statement of a drinking driver, and investigation report;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports, and criminal records, etc.;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. As the Defendant was sentenced to punishment for a violation of the Road Traffic Act (driving) around 2015, the sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the degree of alcohol content in the blood of this case is 0.046%; and (c) the degree of other penal records is 0.046%; and (d) the Defendant’s age, character and conduct, family relationship, motive and means of the crime; and (e) the circumstances after the crime, etc

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