beta
(영문) 수원지방법원 여주지원 2018.07.11 2018고단401

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 27, 2006, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of Road Traffic Act (drinking driving) at the Seoul Northern District Court on September 27, 2006. On October 30, 2015, the Defendant issued a summary order of KRW 1 million for a violation of Road Traffic Act (drinking driving) at the Seoul Central District Court on March 30, 2015. On March 7, 2018, the Defendant was under the influence of alcohol level of KRW 0.119% among blood alcohol level around 22:5, 2018. On March 7, 2018, the Defendant was driving a D SP car at approximately 1km from around 3234 Doh up to the 19th main road in Echeon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

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

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture, even though the Defendant had been punished for driving under the influence of alcohol two times, the Defendant again driven this case of drinking, and the Defendant caused a traffic accident where a car was damaged during driving.

The statement made by the defendant to an investigative agency on the risk of re-offending and the motive for driving alcohol and the details of the statement made in this court, and other kinds of punishment as ordered shall be determined by taking into account the defendant's age, family relationship, etc.