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(영문) 수원지방법원 안양지원 2015.01.15 2014고단1658

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 January 31, 2007, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Southern District Court for a violation of the Road Traffic Act, and on June 27, 2012, by the Suwon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle) and a violation of the Road Traffic Act (driving Vehicle) and a summary order of KRW 5 million, respectively.

On August 5, 2014, at around 22:33, the Defendant driven a Karen car to the front road of the Annbbee golf course located in the head of Sinpo-si in the Sinpo-si under the influence of alcohol by 0.108% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver (number 1), and the circumstantial statement of a drinking driver (number 3);

1. An explanatory note (number 7);

1. An investigation report (to hear statements by a police officer in charge);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (related to filing of a copy of the summary order), and application of statutes of four copies of the summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The Defendant’s crime of this case, with the reason of sentencing Article 62-2 of the Criminal Act, is heavier than the nature of the crime.

In addition, it is necessary to punish the criminal defendant, in light of the following: (a) the criminal defendant had a large number of criminal records and without a license in addition to the criminal records of the previous two-time driving, such as the previous criminal records of the criminal facts; (b) the criminal defendant was sentenced to a suspended sentence due to a driving without a license in 2008; and (c) the criminal defendant tried to avoid liability on the grounds that the defendant did not confirm the measured values of drinking at the time of the control or did not keep it in water at the investigation stage.

However, the fact that the defendant has no criminal record of the suspension of execution or more for the last five years, and that the result of drinking of the defendant has not been significantly high.