(영문) 의정부지방법원 2020.10.13 2020고단2953

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.10.13 2020고단2953

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 June 20, 2009, the Defendant issued a summary order of KRW 1,500,000 by the Seoul Western District Court to a fine for a violation of the Road Traffic Act, and on May 3, 2011, a summary order of KRW 2,00,000 has been issued by the Jungbu District Court to a fine for the same crime.

On April 1, 2020, at around 05:16, the Defendant driven C rocketing car under the influence of alcohol concentration of about 0.108% in the section of approximately 2 km from Jongno-gu Seoul Metropolitan Government to the front road of Jongno-gu B building.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and investigation report on the results of the regulation of drinking driving (application of smoking measuring instruments) by a drinking driver;

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

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 under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime,

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