(영문) 의정부지방법원 2020.11.27 2020고단2863

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 의정부지방법원 2020.11.27 2020고단2863

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 August 28, 2006, the defendant was issued a summary order of a fine of 3.5 million won by the District Court of the Republic of Korea on August 28, 2006 for a violation of the Road Traffic Act.

On May 2, 2020, the Defendant, while under the influence of alcohol of 00:25% of blood alcohol concentration 0.142%, driven a vehicle E in the section of approximately 500 meters from the road front of the mutual influent drinking house in Gyeonggi-si B to the road front of the house of the trade name “D” in the Gyeonggi-si-si.

Accordingly, the defendant was driving not less than twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report on the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. The accused has been punished several times for drinking driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.142%.

In the course of the drinking driving of this case, there was an accident that leads to the shocking of the ozone layer by driving the road.

However, considering the fact that the defendant recognized the crime of this case and is against the defendant, the circumstances favorable to the defendant's family members who will support the crime of this case, and considering the motive and background of the crime of this case including the above circumstances, the method and result of the crime, the circumstances after the crime of this case, the age, environment, and criminal record, the punishment as ordered shall be determined by taking

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