(영문) 수원지방법원 안산지원 2020.05.28 2020고단1093

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2020.05.28 2020고단1093

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 September 30, 2009, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on September 30, 2009, and on October 16, 2017, a summary order of a fine of three million won was issued by the same court as the same crime.

Although the Defendant violated the prohibition of drunk driving as above, at around 00:28 March 8, 2020, the Defendant driven C 130 automobiles while under the influence of alcohol 0.120% with the blood alcohol concentration at the 10m section in front of the B building in Silung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the statement of the state of drinking drivers, and notification of the result of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes such as criminal records, references to criminal records, amounts of dispositions, results of confirmation, etc.;

1. Relevant Acts concerning facts constituting a crime 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. Taking into account the risks inherent in the judgment of sentencing under Article 62-2(1) of the Criminal Act, the defendant's blood alcohol concentration, the part of drunk driving and the circumstances surrounding it (the defendant stated that he/she was moving to the vicinity of his/her residence, and that he/she was driving under the influence of alcohol. The defendant stated that he/she was driving under the influence of alcohol in the vicinity of his/her residence) and the same criminal records (the defendant had been driving under the influence of alcohol in 1999 and 204 in addition to the previous criminal records on the market) and determining the sentence as ordered by taking into account all the various sentencing factors such as the defendant's age, character and behavior, environment

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