(영문) 의정부지방법원 2020.04.01 2020고단311

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.04.01 2020고단311

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 July 24, 2009, the defendant was punished for the violation of the Road Traffic Act (driving) at the Incheon District Court, including being sentenced to a summary order of KRW 1.5 million.

The Defendant, while under the influence of alcohol content of 0.058%, was driven by Cpoter trucks from January 10, 2020 to the road front of new celebal under the same conditions from the front of B in the city of Jung-si to the front of the new celebal under the influence of alcohol content of the Defendant.

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. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A), investigation reports (a copy of the summary order of the same type of case);

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. Since the Defendant was punished for a violation of the Road Traffic Act (driving) around 1999, around 2001, around 2003, around 2009, the Defendant had the history of punishment, the interval with the previous penal records, and the degree of alcohol content in the blood of this case is 0.058%, taking into account in particular, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered by taking into account the various sentencing conditions indicated in the instant records and arguments, comprehensively taking into account the following factors.

참조조문

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