beta
(영문) 수원지방법원 여주지원 2018.01.26 2017고단1475

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

On May 13, 2008, the Defendant received a summary order of KRW 1,50,000 from the Seoul Western District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 2,00,000 as a fine by the ordinary military court of Boick University on December 1, 2008 to a fine of KRW 7,00 due to a violation of the Road Traffic Act.

On November 29, 2017, the Defendant driven a F Ssp motor vehicle at the section of about 3 km up to the road front of the sex source industry located at about 440 km in front of the mutual influence 0.073% of alcohol level from around 08:15, the Defendant, while under the influence of alcohol leveling to 0.073% of alcohol level from around 08:0,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes of Part II to investigation report (a summary order accompanied), summary order, and summary order;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition in consideration of all the sentencing conditions under Article 51 of the Criminal Act, such as the point of time and reflection of the reason for sentencing under Article 62(1) of the Criminal Act, the drinking volume and driving distance, the frequency and degree of punishment for the same kind of crime, the age, sex, and environment of the defendant.