(영문) 수원지방법원성남지원 2020.11.12 2020고단2019



A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.


Punishment of the crime

[Criminal Power] On June 11, 2007, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 12, 2020, the Defendant, at around 01:30, driven the E rocketing car with the alcohol level of about 0.253% under the influence of alcohol at around 30km from the 30km section to the underground parking lot of Gwangju City, and violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report on the legal statement of the defendant, the driver, the state of his oral statement, and notification of the result of the drinking driving control;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of drinking alcohol in this case even though he had a record of punishment for drinking driving, and the degree of blood alcohol concentration is extremely high, and driving distance is also driving.

However, the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive and means of committing a crime, etc., which reflects the fact that the defendant's mistake is seriously against the defendant, and that there is no criminal record exceeding the fine, etc.