beta
(영문) 수원지방법원 평택지원 2013.11.21 2013고단1308

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

On October 29, 2010, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act at the site of Suwon District Court as well as a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the same court on December 9, 2011.

On August 17, 2013, at around 03:06, the Defendant driven a B-low-car under the influence of alcohol level of about 0.158% in a section of approximately 100 meters from the front of 372 weeks in the Dogri-gu Dog, Pyeongtaek-si to the front of the said Doggri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of running a motor vehicle under consideration, report on the status of the driver under consideration, report on the request for appraisal, and report on the status of

1. Inquiry into the enemy;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of summary order attached);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant committed the crime again even though he had had the record of punishment twice due to drinking driving, etc., the punishment for the crime is not less light of the fact that the defendant committed the crime.

However, the sentence shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, and criminal records, including the fact that the defendant is against the recognition of the crime, and the sentence of suspension of execution is to be imposed on the condition that the order