beta
(영문) 수원지방법원 성남지원 2019.05.21 2019고단301

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

Criminal facts

Some of the facts charged were corrected.

On May 13, 2014, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act from the Sung-nam branch of Suwon District Court on May 13, 201, and on June 29, 2015, the above court received a fine of KRW 5 million for the same crime, etc.

Although the Defendant violated the prohibition on drunk driving more than twice as above, on January 27, 2019, at around 02:10, the Defendant driven a DNA Poter vehicle at the 1km section from the front side of the Nowon-gu, Seoul Special Metropolitan City to the front side of the Seongbuk-gu, Sungnam-si, Seoul Special Metropolitan City, about 0.204% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the driver (10 pages of investigation records);

1. Application of Acts and subordinate statutes, such as criminal records, etc., inquiry reports, pre-disposition records, reporting on results of verification, etc. (investigative records 45 pages);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures are as follows: (a) the Defendant driven a cargo vehicle under the influence of drinking alcohol concentration of 0.204% even though he/she had each been subject to a fine for negligence in around 200, 2002, the suspension of the execution of imprisonment in around 203, the suspension of the execution of a fine in around 203, the fine in around 2014, and the driving without a license for drinking and driving

The main circumstances are to be considered, but the defendant has a attitude to recognize and reflect the defendant's mistake, and the defendant has been sentenced to a fine once for a crime other than the above previous crimes for the last 20 years, and other circumstances such as the defendant's age, character and conduct, environment, motive, means and result, etc. shall be determined as ordered in consideration of the circumstances after the crime.