(영문) 의정부지방법원 2019.11.27 2019고단4135

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.11.27 2019고단4135

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 October 6, 2011, the Defendant was issued a summary order of one million won or more as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

On July 5, 2019, around 22:46, the Defendant driven a E body-man car in the state of alcohol 0.096% of blood alcohol concentration on the 39m section from the front road of the Gu Government-si B to the front road of the Gu Government-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Attachment to a summary order attached to the same type of power), and application of Acts and subordinate statutes of the summary order;

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. In light of the fact that the Defendant was punished for a crime of violation of the Road Traffic Act around 2004 and around 2011, the Defendant was sentenced to punishment, the interval with the previous penal records, the blood alcohol content of the instant case is 0.096%, and the blood alcohol content of the instant case is 0.096%, and there are family members to support and move parking. In particular, the Defendant’s age and character, family relation, motive and means of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered by the disposition, comprehensively taking into account various sentencing conditions as indicated in the instant records and arguments.

참조조문

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