(영문) 의정부지방법원 2020.11.17 2020고단4245

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.11.17 2020고단4245

도로교통법위반(음주운전)

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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 September 25, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and on April 27, 201, the Seoul Northern District Court received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

On July 29, 2020, at around 03:20, the Defendant driven a Dgland with blood alcohol concentration of about 0.230% while under the influence of alcohol at the 2km section from the front of the Gyeonggi-si, Gyeonggi-si to the front of the same city C, the Defendant driven a Dgland with alcohol level of about 0.230%.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

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 committed the crime of this case even if he had a previous record of several times, the blood alcohol concentration of the defendant was high enough, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. of this case at intervals of time from the same criminal record, and other conditions of sentencing specified in the pleadings of this case, such as the defendant's age, character and conduct, character and environment, motive of the crime

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