(영문) 수원지방법원 평택지원 2019.11.27 2019고단1543

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Reasons

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(영문) 수원지방법원 평택지원 2019.11.27 2019고단1543

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 August 23, 200, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act in the Seocheon Branch of Daejeon District Court on August 23, 200, a summary order of 1.5 million won of a fine for the same crime in the same court on July 31, 2002, and a summary order of 2.5 million won of a fine for the same crime in the same court on December 10, 208, respectively.

On September 23, 2019, at around 22:23, the Defendant driven a light-line B car with a blood alcohol concentration of about 0.082% from the 1km section to the front road of the German intersection in the direct air transmission, in the case of Annsung-si, the Defendant was under the influence of alcohol on September 23, 2019.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least 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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