(영문) 수원지방법원 안산지원 2019.11.26 2019고단3451

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(영문) 수원지방법원 안산지원 2019.11.26 2019고단3451

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2013, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on July 12, 2013, and a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at the Incheon District Court on December 15, 2014.

On September 1, 2019, the Defendant driven a car in the fourth km section from the front of a cafeteria in the vicinity of the “C Sarido” located in Sinung City B, to the front of Sinungdo-si, 2202-2, Sinsi-si, Sinsi-si, the Defendant was under the influence of alcohol of 0.157% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Report prior to judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, previous dispositions, and report on 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. Probation and community service order Article 62-2 of the Criminal Act: (a) the previous previous criminal records and two times for sentencing; (b) the time interval between each of the same kind of records and the case; (c) the blood alcohol concentration of this case was high due to the revision of the Act; (d) the level of punishment for recidivism of drinking; (e) it is difficult to eliminate the possibility of recidivism in the future; and (e) it is difficult to determine the punishment as ordered by taking into account all the sentencing factors indicated in the arguments of this case, including the Defendant’s age, environment, character and conduct, the result of

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