(영문) 의정부지방법원 2020.03.31 2019고단4481

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 의정부지방법원 2020.03.31 2019고단4481

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

【Criminal Power】 On July 20, 2016, the Defendant was issued a summary order of a fine of KRW 3 million at the Jung-gu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On October 2, 2019, around 03:30 on October 2, 2019, the Defendant driven DK5 vehicle volume under the influence of alcohol with approximately 305-183% of alcohol alcohol concentration at the section of approximately 8.5km from the front of the “C convenience store” road located in Dobong-gu Seoul Metropolitan Government, to the road adjacent to the front end of 305-11 and the front end of 200km.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of crackdown on drinking;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

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 is that the defendant again commits the crime of this case even if he had a previous conviction of the same kind, at the time interval from the previous conviction of the same kind, the defendant's blood alcohol concentration, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime

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