beta
(영문) 수원지방법원 평택지원 2018.05.10 2017고단2422

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal record] On August 28, 2006, the Defendant was issued a summary order of KRW 2 million at the Liwon District Court’s Liwon District Court’s ordinary site site due to a violation of the Road Traffic Act (driving). On November 12, 2007, the Defendant was issued a summary order of KRW 3 million at the same court due to the same crime. On October 25, 2013, the Defendant was issued a summary order of KRW 3 million at the same court as the same crime.

[2] On November 6, 2017, the Defendant driven a B Car under the influence of alcohol leveling 0.130% from the 1km section from the front of the public parking lot in Pyeongtaek-si, Pyeongtaek-si to the front of the 199 U.S.-ro, 199 U.S. Underground Road (hereinafter referred to as “the Defendant”), under the influence of alcohol leveling 0.130%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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

1. Selection of imprisonment with prison labor chosen;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There is a history of punishment several times for the same crime, provided that the defendant does not cause other traffic accidents due to the driving of the drinking of this case. - there is no history of criminal punishment exceeding a fine. - The defendant is against his own mistake.