(영문) 수원지방법원 2020.05.22 2020고단816

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Reasons

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자간(%)

(영문) 수원지방법원 2020.05.22 2020고단816

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for a term of one year and two 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 May 23, 2007, the defendant was issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act, and a summary order of KRW 2 million for the same crime in the same court on June 21, 2004.

On January 22, 2020, at around 00:20, the Defendant driven a DNA car with a blood alcohol concentration of about 0.190% while under the influence of alcohol from around 200 meters to the front road of the G apartment of the Sungsung City from 00:20,000 to about C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Statement on the circumstances of the driver and response to requests for appraisal;

1. Records of judgment: Application of criminal records, inquiry reports, and summary order 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 with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, who has the record of driving under the influence of alcohol, re-driving under the influence of alcohol, and the nature of the crime is not less than that of the crime, and the blood alcohol concentration due to the drinking of this case is higher.

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime in this case; (b) the period of drinking driving of the defendant has passed 12 years or more from the date of the crime in this case; and (c) the defendant has no record of criminal punishment other than three times of fine; and (d) the defendant has the criminal records

참조조문

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