(영문) 의정부지방법원 2019.10.30 2019고단3310

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.10.30 2019고단3310

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 January 07, 2009, the Defendant was issued a summary order of a fine of two million won for the crime of violating the Road Traffic Act at the District Court of Jung-gu.

On July 24, 2019, at around 23:24, the Defendant driven a D Lasta car under the influence of alcohol concentration of about 0.074% at the section of approximately 300 meters from the front of the cafeteria to the front of the Guri-si, Siri-si, Siri-si.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, investigation report, report on the status of a driver under the influence of alcohol, report on the status of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking alcohol

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate 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. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2009, the sentence sentence is determined by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the degree of alcohol content in the blood of this case reaches 0.074%; and (c) the Defendant’s age, character and conduct; (d) family relationship; (e) motive and means of the crime; and (e) the circumstances after the crime; and (e) various sentencing conditions and the prosecutor’s life imprisonment (two years of imprisonment) as stated in the instant

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