(영문) 의정부지방법원 2019.11.27 2019고단3843

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.11.27 2019고단3843

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 December 15, 2016, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) by the District Court of Jung-gu.

On August 23, 2019, the Defendant was under the influence of alcohol at 0.186% of blood alcohol concentration on August 23, 2019, and operated BCA 100E 9.7ccc lebab in front of bus stops in the Ganyang-si, Namyang-si, 3177-5, Namyang-si, Dayang-si, Dayang-si, 3177-5.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the situation of drinking driving, report on the situation of drinking drivers, report on the status of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Response to the request for appraisal;

1. Reference letters, investigative reports (Attachment to previous records and copies of written judgments), and application of the statutes governing decisions;

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 punished for a violation of the Road Traffic Act (driving) around 2016, the sentence sentence is determined by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the degree of alcohol content in the blood of this case reaches 0.186% (blood collection); and (c) the Defendant’s age, character and conduct; (d) family relationship; (e) motive and means of the crime; and (e) circumstances after the crime, etc., various sentencing conditions as shown in the records and arguments of

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