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(영문) 수원지방법원 2020.05.15 2019고단7170

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 15, 2015, the Defendant received a summary order of KRW 2,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving). On January 4, 2017, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 23:51, 2019, the Defendant, as a person who violated the prohibition of drinking alcohol driving, once again driven an E rocketing car with a blood alcohol concentration of about 0.219% from approximately 200 meters away from the front of the building, to the front of the Gannam Village of the Gamban-si in the Gamban Zone C, in a state of drinking alcohol concentration of about 200 meters.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect's drunk driving);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's attitude to recognize and reflect the crime of this case.

There is no history that the defendant has been punished beyond a fine.

However, the Defendant, as stated in its reasoning, was subject to criminal punishment for drinking driving twice again, thereby constituting the instant crime.

The defendant's blood alcohol level at the time of committing the crime of this case was very high, and in light of this, the risk of traffic caused by the defendant is very high.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.