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(영문) 수원지방법원 2019.02.12 2018고단5895

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

The Defendant driving a motor vehicle under the influence of alcohol on October 13, 2007 (the issuance of a summary order of KRW 1 million at the Suwon District Court on December 7, 2007), driving a motor vehicle under the influence of alcohol on December 17, 2009 (the issuance of a summary order of KRW 2 million at the Suwon District Court on April 9, 2010), driving a motor vehicle under the influence of alcohol on December 19, 2014 (the issuance of a summary order of KRW 7 million at the Suwon District Court on February 11, 2015), and violating Article 44 (1) of the Road Traffic Act at least twice.

On September 22, 2018, at around 01:30, the Defendant driven BM5 car under the influence of alcohol with a blood alcohol concentration of about 0.146% from around 300 meters to the front road of the Red Cross over the Republic of Korea, which is inciting the right of use in Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employer to the driver;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Application of inquiry reports and summary order Acts and subordinate statutes, such as criminal records;

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

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

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, who had a record of driving under the influence of alcohol not less than twice, drives under the influence of alcohol, not less than that of the crime, but less than that of the blood alcohol concentration due to the drinking of this case;

However, in consideration of the various circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime in this case and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the following circumstances: the defendant's perception of the crime in this case and his mistake is divided; the defendant has no record of punishment more than a suspended sentence; and the defendant has no record of punishment.