(영문) 수원지방법원 2020.10.16 2020고단4082

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2020.10.16 2020고단4082

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

On October 31, 2008, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act; on March 12, 2010, the same court issued a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act; on April 23, 2015, the same court was sentenced to a suspended sentence of KRW 6 months by imprisonment for a violation of the Road Traffic Act; on September 27, 2017, the Defendant was sentenced to a suspended sentence of KRW 3 years by imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving).

Nevertheless, at around 20:30 on March 20, 2020, the Defendant driven D-wing Cargo Vehicles with approximately 900 meters alcohol level 0.171% while under the influence of alcohol at around 900 meters from the front of the C-Road to the front road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, reply reports, and certified copies of judgment;

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, who has the record of driving under the influence of alcohol, re-driving under the influence of alcohol, and the nature of the crime is not less than that of the crime, but higher than that of the blood alcohol concentration due to the drinking of this case.

In addition, the defendant has already been punished for driving under drinking or refusing to measure drinking on six occasions (including two times before and after the suspension of the execution of the sentence), and the defendant's driving under drinking without being aware of even though he was under the suspension of the execution of the sentence, there is a lot of possibility of criticism.

However, the defendant recognized the crime of this case and divided his mistake.

참조조문

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