beta
(영문) 의정부지방법원 고양지원 2017.06.28 2017고단1288

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 9, 2008, the defendant was sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act at the Incheon District Court on September 23, 201, a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and a violation of the Road Traffic Act (driving) at the same court on September 23, 2014, and has a record of punishment of a fine of 5 million won or more due to drinking.

On April 22, 2017, under the influence of alcohol level of 0.076% among blood transfusion around 23:32, the Defendant driven a car at approximately 500 meters with a DNA window-stample from the front day of the Pungyang-si Pung-gu Pung-si Pung-si, Goyang-si to the front day of 1004, according to the same height of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a record of driving drinking twice, was driving at once without any special reason.

However, even if the defendant is unable to live in the process of personal rehabilitation, he/she shows an attitude to reflect the crime of this case while trying to lead a very difficult economic situation.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.