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(영문) 수원지방법원 2019.10.11 2019고단3469

도로교통법위반(음주운전)등

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 February 14, 2012, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 5 million by the same court on December 21, 2016.

On June 30, 2019, the Defendant, as a person who violated the provision on the prohibition of drunk driving, once again drive a k5 car from approximately 1km from the front of the B apartment in the form of alcohol with a blood alcohol concentration of 0.134% without a driver’s license on June 30, 2019 to the front of the C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Registers of automatic driver's licenses, and making inquiries into the register;

1. Previous convictions in judgment: Application of two copies of criminal records and summary order under the Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act, even though the defendant was sentenced to a fine twice due to drinking alcohol driving, etc., as stated in the criminal records as stated in the judgment of the court below, driving

However, the defendant is divided into the crime of this case and reflects on the movement, the driving distance is relatively short, and there was no human and material accident.

In recent years, the defendant seems to have been under the influence of alcohol because the defendant had been under the influence of alcohol.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.