(영문) 의정부지방법원 2019.11.27 2019고단4187

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.11.27 2019고단4187

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 June 4, 2007, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court.

On July 3, 2019, at around 22:25, the Defendant driven a D car under the influence of alcohol concentration of approximately 1.5 km from the Ki Government-si B apartment root road to the front road of the Ki Government-si in order to drive a D car under the influence of alcohol concentration of about 0.078%.

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, report on the statement of the status of driving under the influence of alcohol, investigation report (report on the circumstances of the drinking driver), and

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, investigation reports (verification of criminal records), and application of statutes governing summary orders;

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. Since the Defendant was sentenced to punishment for a crime of violation of the Road Traffic Act around 2005 and around 2008, considering the distance from the previous penal records and the fact that the blood alcohol content of the instant case is 0.078%, the Defendant’s age and character, family relation, motive and means of a crime, and circumstances after a crime, etc., the sentence shall be determined as ordered by comprehensively taking into account various sentencing conditions as shown in the records and arguments of the instant case, including the following:

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