beta
(영문) 수원지방법원 2020.09.25 2020고단4227

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 November 6, 2013, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and on April 23, 2014, a summary order of KRW 4,00,000 as a fine for the same crime from the Sungnam Branch Branch of Suwon District Court to the same offense.

On June 7, 2020, at around 01:31, the Defendant driven C SP car under the influence of alcohol concentration of about 0.048% in the section of about 3 km from the front of the Suwon-si transfer-dong to the front road of the same Gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report on the driver, the investigation report, the record book on blood alcohol concentration, and the table for request for appraisal;

1. Control photographs;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of power);

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 Act on Suspension of Execution (The following consideration shall be repeatedly made for the reason for sentencing);

1. The reason for sentencing under Article 62-2 of the Order to Provide community service and attend lectures is that the Defendant again committed the instant crime despite the fact that the Defendant had been punished for drunk driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case, the defendant's blood alcohol concentration at the time of committing the crime is relatively low, and that there is no other criminal record except for the previous conviction in the judgment, is favorable to the defendant.

Other circumstances shown 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.