(영문) 의정부지방법원 2019.11.27 2019고단4181

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.11.27 2019고단4181

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 19, 2013, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Jung-gu District Court.

On July 2, 2019, at around 05:17, the Defendant driven a car CCopic in the state of under the influence of alcohol 0.115% in blood alcohol concentration from the 26th class near the 26th class road located in the Pando-Eup, Yangju-si, to the front road of the Dong Government-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes governing summary orders;

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. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2013, the Defendant was sentenced to punishment, the interval with the previous penal records, and the blood alcohol concentration in the instant case reached 0.115%, resulting in an accident and realized the risk of drinking, and the Defendant’s age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime, etc., shall be comprehensively considered to determine the sentence as ordered, and the various sentencing conditions specified in the records and arguments shall be comprehensively considered.

참조조문

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