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(영문) 수원지방법원 2019.10.18 2019고단3913

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

On June 11, 2019, at around 23:55, the Defendant, from active duty, who was on the top of the Hansi-si, Gansi-si, and from around 2 km to the front road of Suwon-si, the Defendant driven Creki Corpex, under the influence of alcohol concentration of about 0.251% from the 2km section to the Susi-gu, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as the circumstantial statement, investigation report, and blood alcohol appraisal report to the drinking driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a defendant's drunk driving, and the quality of the crime is not weak, and the numerical value of blood alcohol concentration due to drinking in this case is very high.

The defendant has been punished for a fine because he/she was found to drive under drinking twice.

However, the defendant recognized the crime of this case and divided his mistake, the defendant has no other criminal records other than three times of fine, and the defendant's drinking driving record of 205 has passed 14 years from the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, means and consequence, etc., and the punishment as ordered shall be determined by taking into account the various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, environment, motive