(영문) 수원지방법원 2020.05.15 2019고단7715

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(영문) 수원지방법원 2020.05.15 2019고단7715

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and eight 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

On May 2, 2014, the Defendant issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Suwon District Court, and a summary order of KRW 6 million as a fine in the same court on August 24, 2016.

On November 1, 2019, the Defendant driven a FMW 320d car owned by the Defendant from a 200-meter section from the front road located in the e-high school located in the e-high school located in the e-high city to the front road located in the e-high school located in the e-high school while under the influence of alcohol with a 0.20% alcohol level, even though the Defendant had a drinking record as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (the processes of arresting the suspect);

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the crime of this case is not less than that of the crime, but is very high in the blood alcohol concentration due to drinking of this case.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of criminal punishment other than three times of fine, and that there is no record of criminal punishment other than the defendant's three times of fine, the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., the punishment as ordered shall be determined in accordance with the records.

참조조문

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