beta
(영문) 수원지방법원 2020.06.18 2020고단1587

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 7, 2008, the defendant was sentenced to a suspended sentence of 1.5 million won for a fine of 1.5 million won for a violation of the Road Traffic Act (driving on September 19, 2008), a fine of 3 million won for a violation of the Road Traffic Act (driving on October 30, 2009), and a fine of 3 million won for a violation of the Road Traffic Act (driving on September 30, 2009) at the same court at the Suwon District Court on September 7, 2008. On July 11, 2012, the same court was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving on July 2012) and 2 years for a suspended sentence of 6 months for a violation of the Road Traffic Act (driving on February 16, 2016).

【Criminal Facts】

On February 21, 2020, at around 22:50, the Defendant driven a B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Defendant's legal statement;

1. Records of drinking tests, reports on the results of the control of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Previous records before ruling: Application of criminal records, investigation reports (verification of the same type power and the period of suspension of execution) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is five times the Defendant had a record of being subject to criminal punishment due to a drunk driving, and even if he was subjected to a suspended sentence over two times among them, the Defendant committed the instant crime of drunk driving, the amount of alcohol was considerable at the time, and the injury was caused by a single accident.

As such, there is a lack of compliance spirit and safety awareness about traffic regulations in that the same criminal conduct is repeated, and the defendant's attitude and behavior are infinite on the road.