beta
(영문) 수원지방법원 여주지원 2017.07.26 2017고단699

도로교통법위반(음주운전)등

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

[criminal history] On May 6, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the inn of the Suwon Friwon method. On March 30, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the inn of the Suwon Friwon method.

[Criminal facts]

1. On May 6, 2017, the Defendant: (a) driven a bicycle with no registered motor device of about 300 meters from the front day of Echeon-si-ro 1229 west-ro 1229 west-ro, Echeon-si, Ethically 89 west-do, while under the influence of alcohol level 0.213% in blood around 08:30 on May 6, 2017.

2. A person who violates the Guarantee of Automobile Compensation Act shall not operate a motor vehicle on the road which is not covered by mandatory insurance. However, the Defendant, around May 6, 2017, operated a non-registered motor bicycle that did not purchase a mandatory insurance policy of about 300 meters from the front day of the Leecheon-si, Leecheon-ro, 1229 west-ro, Leecheon-si, to the front day of the 89 Huncheon-si, Leecheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A written appraisal of alcohol during blood;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous and report accompanied by the summary order);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle by which a person who has not mandatory insurance is not mandatory insurance) and each imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 suspension of execution (see, e.g., circumstances in which there exists no past record of punishment heavier than a fine);

1. The community service order under Article 62-2 of the Criminal Act;