(영문) 의정부지방법원 2020.09.22 2020고단3155

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(영문) 의정부지방법원 2020.09.22 2020고단3155

도로교통법위반(음주운전)

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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 February 16, 2012, the defendant was issued a summary order of KRW 4 million with a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on February 16, 2012, and on May 28, 2018, the same court has the record of being issued a summary order of KRW 4 million with a fine of KRW 4 million for a violation of the Road Traffic Act (driving).

On June 21, 2020, the Defendant driven a motor vehicle with a fent alcohol level of about 18 km from the front of the “C” golf course located in Scheon-si B to the front of the “E” restaurant located in D in the same city. The Defendant driven a motor vehicle under the influence of alcohol level of about 0.218% under the influence of alcohol level of 0.218%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of sound driving records);

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 of Article 62-2 of the Criminal Act on community service and lecture attendance order commits again the crime of this case even though the defendant had been tried by several times of the same kind of criminal records, the same criminal records have been recently committed, the defendant's blood alcohol concentration was high, and the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the circumstances of the punishment specified in the arguments of this case shall be determined as ordered in consideration of the conditions of sentencing as stated in the arguments of this case

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