beta
(영문) 수원지방법원 2019.03.28 2019고단130

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 March 9, 2007, the defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Suwon District Court on March 9, 2007, and on October 26, 2007, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act and was punished four times for a drunk driving.

【Criminal Facts】

On December 18, 2018, at around 22:32, the Defendant driven a Grand City under the influence of alcohol level of approximately 1.5 km from the section of approximately 1.5 km to the front of the distance of the Young-gu Office Building in Young-gu, Young-gu, Simpo-si, the Defendant driven a Grand City Co., Ltd., under the influence of alcohol level of about 0.123%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting a crime and the selection of a sentence;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures shall be selected and punished by imprisonment in consideration of the fact that the defendant had been punished several times for drinking driving, and a suspended sentence shall be imposed in consideration of the fact that the defendant has again driven under drinking, but ten years or more from the final criminal records

The punishment as ordered shall be determined in light of the foregoing circumstances, such as the degree of blood alcohol alcohol, the background leading up to the drunk driving, the distance and place leading to the drunk driving, and the age, character and conduct, environment, circumstances after the crime, etc.