(영문) 의정부지방법원 고양지원 2019.11.27 2019고단2642

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Reasons

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자간(%)

(영문) 의정부지방법원 고양지원 2019.11.27 2019고단2642

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

On December 1, 2006, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Suwon District Court on December 1, 2006, a fine of KRW 2 million for the same crime in the same court on October 24, 2008, and a fine of KRW 5 million for the same crime from the fathercheon Branch Branch of the Incheon District Court on June 24, 2013.

On September 11, 2019, at around 19:30 on September 11, 2019, the Defendant driven a Dpoter II truck with a blood alcohol concentration of about 0.139% in the section of about 3km from the Machip in the Machip located in the Machip-si to the “C” in the front of the “C” located in the Pakistan-si.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the situation of a drinking-driving, and inquiry into the results of the crackdown on drinking-driving;

1. Previous convictions in judgment: Criminal history records, investigation reports (a copy of a summary order of the same kind of crime), and application of Acts and subordinate statutes of the 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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account the following factors: (a) three times of the record of punishment for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the fact that drinking alcohol is relatively high; (c) the confession and reflect of the crime; (d) the current situation of the defendant's custody; and (e) the sentencing conditions stipulated under Article 5

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유사 판례

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