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(영문) 수원지방법원 안산지원 2020.01.10 2019고단3524

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal power] On June 28, 2007, the Defendant was sentenced to a fine of KRW 3 million at the Gwangju District Court on June 28, 2007 due to the violation of the Road Traffic Act, and on June 13, 2008, issued a summary order of KRW 3.5 million at the Sungwon District Court's Sungnam branch on June 5, 2009, and issued a summary order of KRW 2.5 million at the Suwon District Court on June 5, 2009. On December 17, 2009, the Defendant was sentenced to a suspended sentence of six months for imprisonment with prison labor at the Sungwon District Court's Sungnam branch on January 24, 2013, and was sentenced to a suspended sentence of two years for imprisonment with prison labor in August 24, 2013.

【Criminal Facts】

At around 22:10 on September 7, 2019, the Defendant driven a E-high-speed vehicle from the underground parking lot of the building B at Heunging City to the front road of the D real estate located in C at Si Heung City, in a state of alcohol of 0.154% of blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of the driver under the influence of alcohol, investigation report (report on the status of the driver under the influence of alcohol), inquiry into the results of

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Seven times (one time in 1999, 2002, 2007, and 2008, one time in 2009, two times in 2009, and one time in 2013) the records of the punishment for drunk driving are imposed, and one time in 2009, two times in 2009, and one time in 2013), among which the suspended sentence was imposed, the fact that the blood alcohol concentration is relatively high and thus the crime is not good: The fact that the crime is recognized, the fact that there is no record of criminal punishment after 2013, the defendant's age, character, environment, family relationship, and the company operated the company.