(영문) 수원지방법원성남지원 2020.10.13 2020고단2151

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(영문) 수원지방법원성남지원 2020.10.13 2020고단2151

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

On January 8, 2018, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Sung-nam Branch of Suwon District Court due to the violation of the Road Traffic Act.

On May 1, 2020, at around 04:34, the Defendant driven a CMW car in the state of alcohol alcohol concentration of about 0.14% from the 3.5km section in the 3.5km section in Seongbuk-si, Sungnam-si to the front road.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a car under the influence of alcohol again.

Summary of Evidence

1. The defendant's legal statement, on-site photograph, report on the actual state of his/her driver, written statement, photograph, sound, driving control results, notification, license register, tea, and mandatory insurance records as stated in the judgment of the court: The application of Acts and subordinate statutes on criminal records, etc. and investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 grounds for sentencing under Article 62-2 of the Criminal Act include the accused with criminal records of drunk driving, the risk of drunk driving and the necessity of punishment, the numerical value of drunk driving, the fact that the accused recognizes and reflects the crime, and other circumstances shown in the pleadings of this case, such as the accused's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, and the sentencing conditions under Article 51 of the Criminal Act shall be determined by taking into consideration

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