(영문) 의정부지방법원 2019.10.16 2019고단2930

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.10.16 2019고단2930

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 February 12, 2008, the Defendant issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act (refluence of measurement) at the Jung-gu District Court on February 12, 2008. On July 3, 2019, the Defendant driven a D body-man car under the influence of alcohol content of 0.088% in front of C on the roads in front of C in Namyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of the violation of the Road Traffic Act, report on the situation of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, investigation report (report on the status of a drinking driver), and report on the status of a drinking driver;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements (E), investigation reports (a summary order attached to the same type of power);

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 (Refusal of measurement) around 2008, the sentence is determined as ordered by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the blood alcohol content of the instant case reaches 0.088%; and (c) the number of other penal records exists; and (d) the Defendant’s age, character and conduct; (b) family relationship; (c) motive and means of the crime; and (d) the circumstances after the crime; and (e) the various sentencing conditions and the prosecutor’s old sentence (three years of suspended sentence for two years).

참조조문

유사 판례

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