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(영문) 수원지방법원 2019.10.11 2019고단3191

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 December 7, 2007, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court due to a violation of the Road Traffic Act (driving under the influence of alcohol), and a summary order of KRW 5 million by the same court on November 2, 2015, respectively. < Amended by Act No. 13588, Nov. 2, 2015>

On March 14, 2019, around 20:39, the Defendant driven a ewing-III cargo vehicle with a blood alcohol concentration of about 0.109% under the influence of alcohol in the section of about 10km from the front of the wife population B to the front of the Dong-dong Ddong Road.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol not less than twice, even though he has violated the duty of prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal accidents, vehicle photographs;

1. Report on the circumstantial statements, investigation report (report on the status of a drinking driver), and notification of the results of the regulation of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

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. 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 Criminal Act with regard to the order to provide community service and attend lectures is that the defendant, who has had a record of driving under drinking not less than twice, drives under the influence of alcohol not less than twice, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due

The defendant has been punished for a fine because he/she was exposed to a drinking driving, etc. four times.

However, the defendant recognized the crime of this case and divided his mistake, three times during the influence of drinking driving of the defendant has passed since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc. are shown in the records, such as the circumstances after the crime.