beta
(영문) 수원지방법원 성남지원 2015.12.23 2015고단2175

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

On March 19, 2010, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million by a Ulsan District Court on December 9, 2013 by a fine of KRW 1.5 million by a fine of violation of the Road Traffic Act.

On August 22, 2015, while under the influence of alcohol at 07:53, the Defendant driven a vehicle B at the section of approximately 6.5 km from the vicinity of the Ginam-gu Ginam-si, Sungnam-si to the front road of the Giwon-gu, Sungnam-gu, Sungnam-si, Sungnam-si to the front road in front of the Ginam-gu, Sungnam-si, Ginam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 Act, even though the defendant had a record of being punished for drunk driving, is again selected to imprisonment in light of the fact that he would drive under the influence of alcohol, but the execution of the sentence shall be postponed by considering favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflects the fact that the defendant has no record of the crime exceeding