(영문) 수원지방법원 2020.04.09 2020고단384

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(영문) 수원지방법원 2020.04.09 2020고단384

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for a term of one year and two months.

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 August 30, 2018, the Defendant was issued a summary order of KRW 2.5 million on the grounds of the violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch.

【Criminal Facts】

On January 16, 2020, at around 21:38, the Defendant driven Bone Star Cargo under the influence of alcohol concentration of about 150 meters from around 150 meters to the roads in front of the 113-Gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, and conducted a violation of the Road Traffic Act (driving) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, report on the state of a drinking driver, report on the state of a drinking driver, notification on the results of drinking control, and result of drinking measurement;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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 defendant's reasons for sentencing under Article 62-2 of the Criminal Act, including the previous convictions in the judgment, leads to four times of criminal punishment for drunk driving.

Nevertheless, in addition, the blood alcohol concentration level at the time was considerably high, and the nature of the crime is not weak.

However, in consideration of the fact that the defendant is led to confession and reflect, three of the above previous cases and three of the above previous cases are prior to 10 years, and there is no criminal record yet exceeding the fine, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and the various sentencing conditions specified in the records and arguments, such as

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