beta
(영문) 의정부지방법원 고양지원 2016.10.14 2016고단2178

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 October 2, 2008, the Defendant was sentenced to a fine of KRW 700,00,000 as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on October 2, 2008, and a fine of KRW 2 million as a same crime at the Seoul Central District Court on February 11, 2010.

On July 14, 2016, around 21:30, the Defendant driven a Category B motor vehicle under the influence of alcohol level of about 7km from the distance of approximately 7km to the front road of the “one-ro comprehensive household,” located in the Seocheon-gu, Pucheon-si, Priri, Priju-si, Priju-si, in the form of alcohol level of about 0.064%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Criminal records as stated in the judgment: Application of a summary order and an inquiry inquiry letter to the statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the fact that an order to attend a lecture is against the reasons for sentencing, twice the record of drunk driving, a relatively low drinking level, driving distance, and support for family's livelihood; and