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(영문) 수원지방법원 2020.10.16 2020고단5311

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 30, 2013, 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.

At around 00:10 on July 13, 2020, the Defendant driven a FNAS car in the state of alcohol alcohol concentration of about 0.048% from the road front of the restaurant located in Suwon-si B, Suwon-si to the road front of the E convenience store located in the same Young-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the occurrence of the case, and report on the internal investigation;

1. Screenings of a witness vehicle booms and CCTV closures in convenience stores;

1. Report on the circumstantial statement of a drinking driver, notification of the control of drinking driving and the result of respiratory measurement;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act with regard to the crime of this case is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the nature of the crime is not that of the crime;

The defendant has been subject to punishment because he/she has already been found to drive under drinking twice.

However, the fact that the defendant recognized the crime of this case and divided his mistake, that the blood alcohol concentration due to the drinking of this case is not high, that the 2005 period from the date of the crime of this case has passed over 14 years from the date of the crime of this case, that the defendant has no criminal records other than the above 2-time fine, and that the defendant has no criminal records other than the above 2-time fine, and the sentencing conditions as shown in the records, such as the age, character and behavior, environment, motive and circumstance of the crime, means and result, the circumstances after the crime, etc.