(영문) 수원지방법원 평택지원 2019.11.29 2019고단1784

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(영문) 수원지방법원 평택지원 2019.11.29 2019고단1784

도로교통법위반(음주운전)

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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 February 2, 2007, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Suwon District Court's Pyeongtaek site for a violation of the Road Traffic Act, on December 11, 2009, a summary order of 1 million won of a fine for the same crime at the Suwon District Court's Suwon District Court on December 11, 2009, and on July 30, 2010, a summary order of 2.5 million won of a fine for the same crime from the Suwon District Court's Sejong District Court

On October 11, 2019, at around 22:53, the Defendant driven B-low-income cars with approximately KRW 500 meters of alcohol content 0.124% under the influence of alcohol in front of the shock underground car located in the same city with the petition from the place near the Seo-si Seo-dong located in Pyeongtaek-si to the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on the grounds of probation and order to attend a lecture, including the drinking water of this case, shall be determined as the sentence by taking into account various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records of this case, including the circumstances where the defendant driven under influence of alcohol, the criminal records of the defendant, and

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