(영문) 의정부지방법원 2021.02.17 2020고단6326

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2021.02.17 2020고단6326

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 24, 2011, the Defendant issued a summary order of KRW 3 million to a violation of the Road Traffic Act (drinking driving) by the Incheon District Court on November 24, 201, and on December 13, 201, the said summary order became final and conclusive and conclusive and has the history of violating Article 44(1) of the Road Traffic Act once.

On October 29, 2020, the Defendant driven a Ccelltotop car in the state of alcohol alcohol of about 4 km from the insular area of Geumyang-si around 21:40 to the neighboring road of Namyang-si, Namyang-si, and at about 0.144% alcohol concentration during blood.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, an investigation report (report on the circumstances of the driver at home), and an appraisal report;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (a brief attachment to an order) by statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had been subject to punishment for a violation of the Road Traffic Act (driving) around 2011.

However, in consideration of the fact that the last punishment history of the defendant is around 2011 and that the defendant seems to have lived faithfully for at least nine years thereafter, it shall be selected as a fine.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of this case and the various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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