(영문) 수원지방법원안산지원 2020.11.26 2020고단3470

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(영문) 수원지방법원안산지원 2020.11.26 2020고단3470

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than one year and six 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 February 1, 2020, the Defendant received a summary order of KRW 7 million as a crime of violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on February 1, 2020.

【Criminal Facts】

At around 23:02 on July 21, 2020, the Defendant driven a car with a f low-speed level of alcohol content of about 200 meters from the front of “C” located in Ansan-si, a member B to the front of “E” located in D, to the front of “E” located in D.

As a result, the Defendant driven a car under the influence of alcohol not less than twice in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection results of the regulation of drinking driving, report on the circumstances of drinking drivers, and record of the measurement of drinking;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of criminal records, repeated statements, and statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.

참조조문

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