(영문) 의정부지방법원 2020.06.02 2020고단430

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.06.02 2020고단430

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 November 9, 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 Jung-gu District Court on November 9, 2006, a fine of KRW 2 million for the same crime in the same court on July 1, 2010, and a fine of KRW 8 million for the same crime in the same court on December 21, 2015.

On December 3, 2019, at around 15:30, the Defendant driven a Fmea car in the state of alcohol alcohol concentration of about 0.168% from the road front of the waterway construction site to the road front of the same military D apartment E-dong, located in C Community Center located in Gangwon-gun, Gangwon-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the notification of the result of the drinking driving control (A) and the report on the state of driving under the influence of alcohol;

1. The application of statutes on criminal records, etc., copies of the summary order (A) No. 2006 High Court Decision 2006 High Court Decision 18564, copies of the summary order, copies of the summary order No. 2010 High Court Decision 2010 High Court Decision 10818, and copies of the summary order No. 2015 High Court Decision No. 2015 High Court

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 record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol density of the defendant, 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,

참조조문

유사 판례

-의정부지방법원 2020.05.12 2019고단5025

-의정부지방법원 2020.11.10 2020고단3520

-의정부지방법원 고양지원 2020.04.16 2019고정988

-의정부지방법원 2020.04.14 2019고단5261

-의정부지방법원 2020.12.15 2020고단4591