(영문) 의정부지방법원 2020.05.12 2019고단5212

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.05.12 2019고단5212

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 26, 2009, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (recovering to measure the noise level) by the District Court of Jung-gu.

On November 8, 2019, at around 21:25, the Defendant driven a motor vehicle E in the condition of alcohol leveling 0.116% of blood alcohol level at approximately 400 meters on the road before the police box located in C from the Do preceding B at the meeting of the game.

Therefore, even though the defendant was punished for violating the Road Traffic Act (the crime of refusing to measure the noise level), the defendant driven a motor vehicle while under the influence of alcohol and violated the Article 44 (1) or (2) of the Road Traffic Act not less than twice.

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, reply reports, and summary orders;

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: (a) the Defendant again committed the instant crime even though he had a previous record of his refusal of drinking alcohol measurement; (b) the interval between the previous record and the previous record; and (c) the Defendant’s blood alcohol concentration was considerably high; and (d) the Defendant’s age, character and conduct and environment, motive, means and consequence of the instant crime; and (c) the punishment as ordered shall be determined by taking into account the conditions of sentencing

참조조문

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