beta
(영문) 의정부지방법원 고양지원 2017.03.08 2017고단249

도로교통법위반(음주운전)

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

On December 10, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on December 10, 2008, and a fine of KRW 3 million for the same crime in the Yongsan District Court on April 14, 2010.

On December 31, 2016, at around 22:36, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.130% from a 300-meter section to the front road of the Haakdon-dong Tridong Triju to the Haakdon-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Records of judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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. To take into account the following factors: The reason behind sentencing under Article 62-2 of the Criminal Act; the fact that there are a large number of alcohol drivers; the drinking value and the distance of driving, etc.;