(영문) 의정부지방법원 고양지원 2020.06.12 2020고단993

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2020.06.12 2020고단993

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 October 11, 2007, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on October 11, 2007, and on December 3, 2012, the same court issued a summary order of KRW 6 million for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 22, 2020, at around 20:55, the Defendant driven C 140 cars while under the influence of alcohol leveling 0.073% from the 2km section to the roads adjacent to the building adjacent to the same Si building.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Statement of the status of the driver;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of five copies of a summary order;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Attend and order to provide community service order is a case where the defendant re-driving a motor vehicle even though he/she had a record of drinking driving, and the defendant's liability

However, considering the circumstances favorable to the defendant, such as the fact that the defendant states that all of the facts charged are recognized and contradictory to the facts charged, the fact that the defendant is not good in health status, the fact that the vehicle is sold, and the fact that the sentence is not imposed, etc., the punishment as ordered shall be determined by taking into account the defendant's age, character and conduct, means and consequence of the crime, and circumstances

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