beta
(영문) 제주지방법원 2017.10.31 2017고단2365

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2007, the Defendant was sentenced to a fine of KRW 700,00 to a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court on June 26, 2007, and a fine of KRW 2 million to a same court on December 18, 2014, respectively.

On September 4, 2017, around 00:36, the Defendant driven B A4 car with alcohol content of about 0.150% while under the influence of alcohol on the road of approximately 1km from the old distance in Jeju-si to the front day of the Seoul Oil Station located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of the same kind of force), and application of a copy of 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. 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 two times as shown in the judgment of the defendant, the record of a crime of drinking or driving alcohol, the numerical value of alcohol concentration in blood, the details and timing of punishment for the immediately preceding crime, and the age, sex, environment, circumstances of the crime, and circumstances after the crime, etc. of the defendant, as shown in the arguments of this case, shall be determined as ordered in consideration of various sentencing conditions shown in the arguments of this case.