(영문) 의정부지방법원 2019.11.27 2019고단3995

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.11.27 2019고단3995

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 March 23, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million as a fine in the same court on May 7, 2010, respectively.

On August 14, 2019, around 23:30, the Defendant violated the duty of prohibition of drunk driving by driving a Froc or car under the influence of alcohol concentration of about 500 meters from the parking lot “C” located in Scheon-si B to the front of “E” located in D at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

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. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.

Nevertheless, the crime of this case was committed while driving under the influence of 0.14% of the blood alcohol concentration in the second blood.

However, considering the fact that the defendant is recognized as committing the crime and is against the duty to drive under the influence of alcohol, the fact that the defendant disposes of the vehicle by a mistake that does not drive under the influence of alcohol, there are family members to support the defendant, and many of the members of the defendant's will have a clear social relation.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

참조조문

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