(영문) 의정부지방법원 2020.04.14 2019고단4620

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Reasons

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자간(%)

(영문) 의정부지방법원 2020.04.14 2019고단4620

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On June 19, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court, and on January 7, 2010, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act at the Jung-gu District Court.

On September 29, 2019, around 01:23, the Defendant driven a CG car with approximately 2 km from the boundary of Hoyang-dong Ho-dong Hoon to the front road of Namyang-si, Namyang-si, Seoul, with a blood alcohol concentration of about 0.16% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

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

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 committed the crime of this case again even though he had several criminal records of the same kind, including the previous criminal records of probation, as stated in the judgment of the court below, and that the blood alcohol concentration of the defendant was considerably high: Provided, That the criminal records of the same kind are relatively old, and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, including the circumstances after the crime, shall be determined as ordered

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