(영문) 의정부지방법원 고양지원 2020.04.09 2020고단311

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2020.04.09 2020고단311

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 September 28, 2017, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Seoul Southern District Court.

Although the Defendant had a record of driving under the influence of alcohol as above, at around 07:00 on January 27, 2020, the Defendant driven a FNAS G70 vehicle under the influence of alcohol leveling 0.094% at the same Gu D apartment E-dong parking lot located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Manyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the results of crackdown on driving under the influence of alcohol, and report on the situation of the driver;

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

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 Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished twice due to the crime of drunk driving, again committed the crime of this case.

On the other hand, the defendant is recognized to commit a crime, and the defendant is driving that occurs in the course of being well aware of the crime.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.

참조조문

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