(영문) 수원지방법원 안산지원 2019.10.31 2019고단2879

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(영문) 수원지방법원 안산지원 2019.10.31 2019고단2879

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six 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 March 15, 2012, the Defendant was issued a summary order of a fine of four million won by committing a violation of the Road Traffic Act at the Incheon District Court on March 15, 2012, and a summary order of a fine of 1.5 million won by the same court on June 25, 2007, respectively.

On July 30, 2019, at around 22:27, the Defendant driven approximately 15 Km from the front side of the Incheon Southerndong-gu, to the front road of the “E” located in the Silung-gu, Silung-si, Seoul, while under the influence of alcohol leveling to 0.067% of blood alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of drinking drivers, inquiry into the results of the control of drinking driving, and output of a drinking measuring instrument;

1. Previous convictions indicated in the judgment: Criminal records, repeated statements, and the application of Acts and subordinate statutes to report the same record (in the case of re-offending a sound driving, applicable);

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. The fact that there are many criminal records of the same kind of sentencing in the suspended sentence under Article 62(1) of the Criminal Act, the interval between the past and the present case, the degree of punishment for the recidivism of drinking alcohol due to the revision of the law, the higher level of punishment for the recidivism of drinking alcohol due to the revision of the law, the possibility of recidivism in the future is difficult to eliminate in the future, and all of the sentencing factors shown in the arguments of the present case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., shall be

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