(영문) 수원지방법원 2020.01.22 2019고단6794

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Reasons

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(영문) 수원지방법원 2020.01.22 2019고단6794

도로교통법위반(음주운전)

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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 April 13, 2011, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court due to a violation of the Road Traffic Act.

On October 23, 2019, at around 00:07, the Defendant changed the driving distance from 50m to 5m from 3m to 5m from 5m to 5m to 5m from 3m to 4m to 5m to 3m to 3m to 5m to 3m to 3m to 4m to 5m to 3m to 3m to 4

Under the influence of 0.087% of blood alcohol concentration in the section, Franchising car was driven.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and record of measurements;

1. Before judgment: Criminal records, two copies of summary order, and one copy of decision not to prosecute shall be applied;

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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the defendant re-driving the instant drinking driving even though he had the same force twice.

However, the sentence as ordered shall be determined by taking into account all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, career, environment, circumstances after the crime, etc., and the fact that the driving distance is short, the driving distance exceeds the fine, the fact that no personal and material accident occurred at the time of this case, the fact that the vehicle was disposed of after this case, the fact that the vehicle was disposed of after this case, and

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