(영문) 서울북부지방법원 2020.02.06 2019고단5128

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2020.02.06 2019고단5128

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

[Criminal Power] On January 3, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court’s Branch Branch Branch.

【Criminal Facts】

At around 09:10 on November 2, 2019, the Defendant driven C-5 vehicle while under the influence of alcohol of about 0.101% in the section of about 500 meters from the French-dong, Dongdaemun-gu, Seoul to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and report on the results of crackdown on drinking;

1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;

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 is that the defendant was subject to criminal punishment once due to drunk driving, even though he had a record of criminal punishment, and the nature of the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, the defendant's mistake is divided and again is expected not to drive under the influence of alcohol, the distance of the defendant's driving is relatively short, the occurrence of traffic accident is not occurred due to the crime of this case, there is no record of criminal punishment exceeding the fine, and other factors of punishment as ordered by considering the defendant's age, character and behavior, intelligence and environment, family relationship, circumstances at the time of the crime, etc.

참조조문

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