beta
(영문) 수원지방법원 평택지원 2020.06.19 2020고단50

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 April 28, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Daejeon District Court on July 18, 201, a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the above court on July 18, 201, and a fine of KRW 5 million in the above court on October 6, 2014, respectively.

On December 14, 2019, at around 08:20, the Defendant driven a B-low-income vehicle under the influence of alcohol content of 0.159%, at approximately 1.5km from the roads near the Gyeonggi-si Military Branch to the roads in front of the distance of 6 Pakistan-si in the same city.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case