(영문) 의정부지방법원 2020.02.04 2019고단4143

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Reasons

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(영문) 의정부지방법원 2020.02.04 2019고단4143

도로교통법위반(음주운전)

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A 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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 15, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 1, 2008, and on September 1, 2008, the same court issued a summary order of KRW 2 million for the same crime, and on December 9, 2014, the same court issued a summary order of KRW 7 million for the same crime.

【Criminal Facts】

On September 22, 2019, the Defendant driven a DK7 car while under the influence of alcohol of about 0.197% of alcohol concentration in the five-meter section in the front of Sincheon-si B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (Attachment to the same criminal records);

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 committed the crime of this case even though he had the record of punishment for drinking driving three times, that the defendant's blood alcohol concentration was significantly high, that the defendant has no criminal record exceeding the fine, and that there is no criminal record other than the defendant's age, character and conduct and environment, 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, etc., shall be

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