beta
(영문) 수원지방법원안산지원 2020.09.03 2020고단1631

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

[Criminal Power] On January 9, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

On April 15, 2020, the Defendant driven a D-hurd-hurged vehicle with approximately 500 meters alcohol concentration of 0.115% under the influence of alcohol in the section of approximately 500 meters from the 23:44 square meters near Sinung-si to the front road of Sinung-si, Sinung-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, output of a drinking measuring instrument, and inquiry into the results of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.