(영문) 수원지방법원 안산지원 2020.02.07 2019고단4127

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2020.02.07 2019고단4127

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 of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On September 6, 2017, the Defendant was issued a summary order of a fine of three million won at the Jung-gu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 9, 2019, at around 00:20 on August 9, 2019, the Defendant driven BM3 automobiles in the state of alcohol alcohol 0.175% in the section of about 40km from the influent land of Seoul to the point of 374 km of the Gyeongbu Highway from the influent land of not more than 0:20 to the point of 374 km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, inquiry into the results of the control of drunk driving, consent to and confirmation of blood collection, internal investigation, request for appraisal, report on request for appraisal, and report on detection of a driver under the influence of alcohol;

1. Photographs at the time of crackdown;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that a person drives a motor vehicle on an expressway even though he/she had the record of punishment for drunk driving in 2017, and the fact that blood alcohol level is relatively favorable: The fact that a person has no record of crime other than the records of punishment for drunk driving in 2017, and the fact that there is no record of crime other than the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., shall be determined as the same as the disposition, by taking account of various

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