beta
(영문) 수원지방법원 2017.12.13 2017고단6644

도로교통법위반(음주운전)등

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 February 15, 2017, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a violation of the Road Traffic Act, and a summary order of KRW 7 million with the same court on July 19, 2017 with a fine of KRW 1.5 million with the same court on July 19, 2017.

On September 21, 2017, at around 02:07, the Defendant driven C6 vehicles under the influence of alcohol content of 0.111% while under the influence of alcohol without obtaining a driver’s license from the street in front of the Young-dong, Young-gu, Youngdong apartment to the front road of the city transfer-dong, Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home;

1. Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. An unfavorable circumstance for sentencing under Article 62-2 of the Social Service Order Criminal Act - The Defendant had a record of being sentenced to a fine twice for the same kind of crime only in 2017, and the Defendant has committed the same kind of crime by concentrating in a short period of time. The favorable circumstances - the Defendant recognized all the criminal facts. - The Defendant has no record of being sentenced to a fine exceeding the fine until now. The sentence is imposed as ordered in consideration of all the conditions of sentencing revealed in the trial process.