beta
(영문) 수원지방법원 안산지원 2016.08.17 2016고단2637

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

At the Suwon District Court, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act on December 4, 2009, and a fine of seven million won for a violation of the Road Traffic Act at the Suwon District Court on October 26, 201, and on May 15, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act on May 15, 201.

On June 11, 2016, the Defendant driven a Bwing-III truck with alcohol content of about 0.189% while under the influence of alcohol in the direction of approximately 6km at approximately 0.189% in the middle of the 122-distance from the Do in Ansan-si, the upper part of the Sinsan-si, the upper part of the Do in Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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. In light of Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity, and Article 55(1)3 of the same Act, the Defendant’s sentence on the crime of this case is inevitable, in light of the fact that the Defendant committed the crime of this case immediately after the lapse of the period of suspension of execution due to the same kind of crime.

However, it is decided as per the disposition for the reason that the sentencing conditions of the court of this case, such as the confession and reflection of the defendant, are considered in consideration of all the sentencing conditions shown in the trial of this case.