beta
(영문) 의정부지방법원 2017.04.14 2016고단5226

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

[criminal history] On July 13, 2012, the Defendant was sentenced to a fine of five million won for the same crime of violating the Road Traffic Act (drinking) at the Seoul Central District Court on the same day, and four million won for the same crime at the same court on September 17, 2012.

[The facts of the crime] On August 27, 2016, the Defendant driven B le-car while under the influence of alcohol concentration of about 0.087% from the 10km section to the front road of the Gi-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, Gyeonggi-do-ri-si, Gyeonggi-do-si.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the decision of driving the same kind of drinking alcohol);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. An order to attend a course under Article 62-2 of the Criminal Act;