beta
(영문) 수원지방법원 안산지원 2017.11.02 2017고단2585

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On July 17, 2008, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag Flag, and on June 24, 201, the same court issued a summary order of five million won for a crime of violating the Road Traffic Act (drinking driving).

[2] On September 2, 2017, the Defendant driven B Poter cargo at around 22:5 on September 2, 2017, under the influence of alcohol level of about 1 0.181% from the 1km section to the same art university from the shooting distance between the Gu of Ansan-si and the Dong of the same Gu to the 119 sub-Gu art university.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of a driver who is in charge of drinking, or a drunk;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes of the investigation report;

1. Relevant legal provisions of the Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime (any unfavorable circumstance, such as the fact that the defendant has been punished for the same kind of crime several times, etc.);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Reduction of Quantity (a favorable circumstance, such as the fact that the defendant recognized his mistake and reflects against himself, and that the defendant committed the instant crime more than six years after he was punished for the same kind of crime)

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;