beta
(영문) 제주지방법원 2018.02.28 2017고단2762

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 history] On July 14, 2008, the Defendant was issued a summary order of 2.5 million won by a Jeju District Court for a violation of the Road Traffic Act (driving), and was sentenced to imprisonment with prison labor for the same crime on June 17, 2010 by the same court.

[2] On October 18, 2017, around 00:53, the Defendant driven a B-wing truck with alcohol level of about 0.167% while under the influence of alcohol level of about 100 meters at the section of about 100 meters from the front of the luminous elementary school located in the 276-ro, Madon-ro, Madon, Madon-ro, Madon-ro, Madon-ro, Madon-ro, Jeju, to the front road of about 8-1, Jeju, Jeju.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved in driving;

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

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (Attachment to a summary order), application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the reflection of the fact, the fact that there has been no criminal history during the last seven years, and the fact that family support is being supported);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;