(영문) 의정부지방법원 2019.11.27 2019고단3487

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Reasons

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자간(%)

(영문) 의정부지방법원 2019.11.27 2019고단3487

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 15, 2008, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act by the District Court of Jung-gu on February 15, 2008, and on November 8, 2013, the Defendant was issued a summary order of KRW 5 million with the same crime in the same court.

On August 7, 2019, at around 21:25, the Defendant driven a C Ecoo-car in the state of alcohol alcohol concentration of about 0.114% at the section of approximately 3 km from the Do adjacent to the Socuk Station located in Shi-Eup to the front of B in the same city.

Accordingly, the Defendant driven a motor vehicle not less than twice while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, investigation reports, (Attachment to a summary order for driving under the influence of alcohol before a suspect), and application of statutes by a 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the accused has been punished for the same kind of crime, such as drinking driving and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents even before.

Nevertheless, the crime of this case was committed while driving under the influence of 0.114% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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