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(영문) 수원지방법원 2019.05.23 2019고단814

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 September 11, 2012, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on September 11, 2012, and a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court on September 9, 2015.

【Criminal Facts】

On February 10, 2019, at around 00:55, the Defendant driven a free-to-land under the influence of alcohol concentration of about 100 meters from a section of approximately 100 meters to the front road of viewing distance in the Suwon-si transfer-on road, from the water viewing line near the Suwon-si transfer-on road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of records of measurement of drinking alcohol and results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, reply reports (B), investigation reports (a copy of summary order) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows: (a) although the defendant had been punished twice from 2012 or for drinking driving, he/she may choose and punish imprisonment in consideration of the fact that he/she had a record of drinking again; (b) prior to the instant crime, he/she has no record of punishment exceeding the fine;

The punishment as ordered shall be determined in consideration of the degree of blood alcohol, the background of the drinking driving, the distance and place of the drinking driving, and the age, character and behavior, environment, etc. of the defendant.