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(영문) 수원지방법원안산지원 2020.09.25 2020고단2137
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 December 30, 2013, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on August 31, 2016, a summary order of KRW 2 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act.

Around 01:00 on April 30, 2020, the Defendant driven a DNA code car with a blood alcohol concentration of about 0.047% in a section of about 50 meters from the front of Yandong-gu, Ansan-si to the front of Yandong-gu, Ansan-si, Ansan-si, Ansan-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report (report on the circumstances of a driver under the influence of alcohol), notification of the results of the control of drinking alcohol, and

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment (the same type of crime committed even if two times have passed again);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (The punishment of a fine exceeding a fine is relatively low and there is no record of punishment, etc.);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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