(영문) 수원지방법원 여주지원 2020.06.17 2020고단588

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2020.06.17 2020고단588

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

[criminal power] On September 11, 2013, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Seoul Northern District Court on September 11, 2013, and a summary order of KRW 5 million for the same crime at the Daejeon District Court on March 29, 2017.

【Criminal Facts】

At around 23:30 on April 29, 2020, the Defendant driven a motor vehicle from approximately 21km to D, located in the voice group C, while under the influence of alcohol of 0.149% of blood alcohol level.

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

Summary of Evidence

1. Legal statement of the defendant's oral statement, report on the situation of the driver's driving, report on the situation of the driver's driving, notification on the results of the regulation of the drinking driving, and the photograph of the control site;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a summary order of the same kind of suspect's power attached);

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 of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a lecture was that the Defendant, even though he had the record of drinking driving twice, was driving under drinking again, and the blood alcohol concentration at the time was very high.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

참조조문

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