(영문) 수원지방법원 2020.04.10 2019고단8331

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(영문) 수원지방법원 2020.04.10 2019고단8331

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and ten 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 11, 2007, the Defendant issued, at the Suwon District Court, a summary order of KRW 1 million for a crime of violation of the Road Traffic Act, and at the same court on October 16, 2009, a summary order of KRW 2.5 million for the same crime, and on June 18, 2014, the Defendant was sentenced to a fine of KRW 8 million for the same crime.

On November 05, 2019, at around 01:20, the Defendant driven an Empt car while under the influence of alcohol at approximately 0.074% of blood alcohol concentration from the Do in front of the C University located in Suwon-gu, Suwon-si B from around 3km to the front of the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

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

1. Records of judgment: Application of criminal records, reply 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 reason for sentencing under Article 62-2 of the Criminal Act with regard to the crime of this case is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the nature of the crime is not that of the crime;

Defendant has already been punished four times due to drinking driving, etc.

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 has recognized the crime of this case and his mistake is divided; (b) the defendant has no record of punishment more than the suspension of execution; and (c) three times of the defendant's drinking driving force has passed since the date of the crime of this case; and (d) the defendant's age

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