(영문) 의정부지방법원 2020.05.27 2019고단5562

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.05.27 2019고단5562

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 December 31, 2013, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the District Court of Jung-gu on December 31, 2013, and the summary order became final and conclusive on January 28, 2014.

On September 29, 2019, the Defendant, while under the influence of alcohol at 0.040% of blood alcohol level around 09:28, the Defendant violated Cbera cruise car at approximately 2 km from the Gulsan-ro, 439 Guriri-ro to the front of Guri-si, Guri-si, thereby driving a brealy cruise car at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the status of drinking drivers;

1. Application of Acts and subordinate statutes on criminal records, reply reports, and summary orders;

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 punished for a violation of the Road Traffic Act (driving) around 2003 and around 2013, the sentence is determined as ordered by comprehensively taking account of the following factors: (a) the interval with the previous penal records; (b) the blood alcohol content of the instant case is 0.040% and the so-called “nearing driving.” In particular, considering the Defendant’s age, character and conduct; (c) family relationship; (d) motive and means of the crime; and (e) circumstances after the crime, etc., various sentencing conditions indicated in the instant records and arguments,

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