beta
(영문) 수원지방법원 평택지원 2018.10.18 2018고단844

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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] The defendant was sentenced to a fine of 3 million won on June 23, 2003 due to a violation of road traffic law at the Suwon District Court on May 1, 2006, a fine of 1.5 million won on the same court due to a violation of road traffic law (driving), a fine of 2.5 million won on February 15, 2007, and a fine of 1.5 million won on July 1, 201, and a fine of 1.5 million won has been issued by the same court as a violation of road traffic law (driving), respectively. < Amended by Act No. 10548, Feb. 15, 2007; Act No. 1080, Jul. 1, 2011; Act No. 1500, Feb. 1, 2011>

[2] On May 9, 2018, the Defendant driven D Poter Cargo at approximately 100 meters away from May 9, 2018 to around 100 meters away from the 861-1 adjacent fishing place in Pyeongtaek-dong, Dong-dong, to the roads in front of Dong-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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

1. Selection of imprisonment with prison labor chosen;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There is a history of punishment several times for the same crime, provided that driving of the drinking of this case does not cause other traffic accidents. - Defendant has no record of criminal punishment other than a fine for the last ten years. - Defendant is against his mistake.