(영문) 수원지방법원 2020.07.24 2020고단2953

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Reasons

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(영문) 수원지방법원 2020.07.24 2020고단2953

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

On July 4, 2008, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Suwon District Court, and a summary order of KRW 1.5 million as a fine in the same court on December 24, 2009.

On April 10, 2020, at around 22:00, the Defendant driven C Lastren car with the blood alcohol concentration of about 0.086% at the section of approximately 200 meters from the insular area to the front road of Suwon-si, Suwon-si, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement of a drinking driver, investigation report, records on the results of measurement of drinking, and notification of the results of regulation of drinking driving;

1. Records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by a copy of a summary order);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act with regard to the crime of this case is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the nature of the crime is not that of the crime;

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime of this case and divided his mistake; (b) the period of drinking driving of the defendant has passed more than 10 years from the date of the crime of this case; and (c) the defendant has no other criminal records other than the two times of fine; and (d) the defendant

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