(영문) 의정부지방법원 2020.11.23 2020고단3149

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.11.23 2020고단3149

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

On May 28, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on November 13, 2006, the same court received a summary order of KRW 1,00,000 as a fine for the same crime.

On June 1, 2020, at around 22:23, the Defendant driven Csch Rexroth car at a section of about 100 meters, while under the influence of alcohol content of approximately 0.142% on the front of Dongducheon-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Statement on the situation of the D traffic accident (Ma2), vehicle photograph, etc. related to the accident;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

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. The reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had been punished for drunk driving in 2006 and 2014.

The blood alcohol concentration (0.142%) of this case is high.

However, the punishment as ordered is determined by comprehensively taking into account the following circumstances: (a) the defendant's perception of the crime and reflects his mistake; (b) there are other circumstances that may be somewhat different from the circumstances of the drinking driving of this case; (c) the distance of drinking driving (100 meters); (d) the background of the control; (d) the age and character of the defendant; (e) his age and character; (e) family relationship; (e) the motive

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