(영문) 수원지방법원 여주지원 2018.08.22 2018고단515



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.


Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 2 million by the common military court of the 55th common military court of the Army on April 7, 2015 due to a violation of the Road Traffic Act (dacting driving), and was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (dacting driving) on July 3, 2017.

[Criminal facts] On April 21, 2018, around 05:40, the Defendant driven a vehicle from 30 meters in the direction of alcohol level 0.076% in blood alcohol level at approximately 50 meters in the direction of the old day, which was located in 1200, 1200, Echeon-ro, Leecheon-si, Leecheon-si, to the front road of the Kim Jong-cheon-ro, 2674-ro, as the same vision of the city.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

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

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;

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. 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 reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant caused a traffic accident during drinking while driving alcohol; and (b) the Defendant has a high risk of repeating a crime by repeatedly driving alcohol within a relatively short period of time.

The punishment as ordered shall be determined by taking into account the circumstances leading up to the driving of this case made by the defendant and the numerical value of alcohol concentration measured at the time of crackdown, the punishment for driving under drinking, the fact that there is no other criminal record except the punishment for driving under drinking, the age, family relationship, etc. of the defendant.