(영문) 의정부지방법원 2019.10.23 2019고단3171

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 2019.10.23 2019고단3171

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and four 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

On March 13, 2017, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Jung-gu District Court.

At around 21:50 on July 12, 2019, the Defendant driven a car with approximately KRW 500 meters from the front of the C Elementary School located in Gyeonggi-gun B, to the front road located in Gyeonggi-gu D, Gyeonggi-do, while under the influence of alcohol content of approximately 0.208%, while under the influence of alcohol content of 0.208%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of drinking control;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (verification of the same type of crime records) and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. Determination of sentence: (a) the Defendant was sentenced to punishment for a violation of the Road Traffic Act (driving) around 2004 and around 2017; and (b) the Defendant committed the instant crime at all times; (c) the interval with the previous penal records; and (d) the blood alcohol concentration of the instant case reaches 0.208%; and (c) the Defendant’s age, character and conduct, family relationship, motive and means of the instant crime, circumstances after the crime, and other various sentencing conditions indicated in the instant records and arguments, including circumstances after the crime, and the prosecutor’s life penalty (two years of imprisonment) shall be determined as ordered by the sentence, comprehensively taking into account

참조조문

유사 판례

-의정부지방법원 2019.10.30 2019고단3481

-의정부지방법원 2020.04.13 2020고단68

-의정부지방법원 2020.05.25 2020고단448

-의정부지방법원 2020.01.15 2019고단4615

-의정부지방법원 2020.02.19 2019고단4669