beta
(영문) 수원지방법원 안산지원 2018.10.19 2018고단2589

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

On November 19, 2012, the Defendant received a summary order of KRW 3 million from a fine of KRW 3 million due to a violation of the Road Traffic Act, and on January 6, 2014, the same court issued a summary order of KRW 3 million due to a violation of the Road Traffic Act, respectively.

On March 24, 2018, the Defendant driven a Chand vehicle with alcohol concentration of about 0.080% while under the influence of alcohol, without obtaining a driver’s license, from around 64 in front of the 64 Young Station to the road in front of the same Cho-dong Han-dong in the same city.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal records of the same kind as the suspect) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of alternative imprisonment with prison labor (including the same type of electricity, the details of the detection, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;