beta
(영문) 수원지방법원 2019.02.13 2018고단6987

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 3, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court on July 3, 2013, and on June 3, 2015, the same court issued a summary order of KRW 4 million for the same crime and was punished three times for drinking driving.

【Criminal Facts】

At around 21:00 on December 3, 2018, the Defendant driven a d horse with the alcohol level of approximately 0.142% under the influence of alcohol in the section of approximately 700 meters from the 700-meter radius to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previouss before ruling: Application of Acts and subordinate statutes attaching criminal records, repeated statements and summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (the decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, character and behavior, environment, motive and circumstances after the crime, etc. were considered as follows. The sentence was determined as ordered.

D. Unfavorable circumstances: Although the Defendant had a record of being punished for a fine of three times due to drunk driving, the Defendant has a record of being sentenced to a fine of a fine of a fine of a fine of a fine of more than three times but has a high level of alcohol alcohol: The Defendant recognized his/her mistake and shows an attitude to seriously reflect his/her intention; the Defendant disposed of his/her vehicle and did not drive the vehicle in the future; and there is no record of being punished for a fine exceeding the previous one.