(영문) 의정부지방법원 2020.04.27 2020고단639

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Reasons

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자간(%)

(영문) 의정부지방법원 2020.04.27 2020고단639

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2016, the Defendant received a summary order of KRW 8 million from the Seoul Central District Court due to the crime of violation of the Road Traffic Act.

On January 17, 2020, at around 00:53, the Defendant driven B rocketing car under the influence of alcohol content 0.097% from the 7km section of approximately 7 km to the intersection of the Civil IC in 299 to the front road, from the French city, from the Buddhist road in the Southern-si, Namyang-si.

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 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 to criminal records, reply reports (A), investigation reports (verification of the same criminal records), and copies of 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 2016, the sentence sentence is determined by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the degree of alcohol content in the blood of this case is 0.097%; and (c) the Defendant shows an attitude to reflect on his gender; and (d) other factors of sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, family relationship, motive and means of the offense; and (c) the

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