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(영문) 수원지방법원 2019.05.29 2019고단679

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 January 31, 2019, at around 21:35, the Defendant driven a DNA motor vehicle under the influence of alcohol with approximately 2 km alcohol concentration of 0.129% in the section from the front of Osan-si B to the front of the Isi-si road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, character of accident, and on-site photographs;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements, investigation reports, and results of the regulation of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is not that of the defendant's drunk driving, but that of the crime, the degree of blood alcohol concentration due to drinking of this case is low;

In addition, the defendant has a record of being punished for drinking driving in 2002 and 2003.

However, the defendant recognized the crime of this case and divided his mistake, the records of the above drinking driving force of the defendant have passed more than 10 years since the date of the crime of this case, and the defendant scrapped the vehicle of this case and completed the registration of cancellation, and other circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc., shall be determined as ordered by taking into account the various circumstances, which are the conditions of sentencing as shown in the records, including the circumstances after