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(영문) 수원지방법원 2019.07.24 2019고단2160

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 October 26, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam branch on May 22, 2013, a fine of KRW 1,000,000 as the same crime at the Seoul Western District Court's Ansan branch on May 22, 2013, and a fine of KRW 7,00,00 as the same crime on February 21, 2014.

On April 9, 2019, the Defendant, as a person who violated the regulations on the prohibition of drunk driving twice or more, drives a DW car under the influence of alcohol leveling 0.063% of alcohol leveling from around about 2.5km to the front distance of the C Elementary School located in the same Gu B from the 460-gu Jung-gu medium unit, Young-si, Young-si to the middle distance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports, reports on the state of drinking drivers, inquiry into the results of the control of drinking driving, and written assessment of alcohol alcohol;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant repents the crime of this case and reflects it, there is no record of punishment exceeding the fine, and blood alcohol concentration is relatively high, and the fact that the defendant disposed of the vehicle after this case is favorable to the defendant.

On the other hand, even though the defendant was punished for drinking driving three times as stated in the judgment of the court, and all three times were punished by a fine, it again leads to the crime of this case, which is disadvantageous to the defendant.

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.