beta
(영문) 수원지방법원 2015.04.23 2015고단556

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 20, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Young-gu branch of the Chuncheon District Court on August 20, 2007, and was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on April 21, 201, and was sentenced to a fine of one million won for a violation of the Road Traffic Act at least twice.

On January 17, 2015, at around 23:50, the Defendant driven B car within approximately 30 meters from the roads in front of the amended funeral home located in the Gungung-gu, Young-gu, Gung-gu, Gung-dong to the roads located in the same Dong from the roads in the same Dong, while under the influence of alcohol of 0.157% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous convictions in judgment: Application of criminal records, reply statements, and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of alternative imprisonment with prison labor (such as the fact that the previous conviction of a fine, including the previous conviction of the same kind, is considerably high, and that of the blood alcohol content high);

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflective points, the fact that the fine has not been imposed in excess of the fine, circumstances of driving, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution.

1. Probation, community service, or order to attend a lecture. Article 62-2 of the Criminal Act (Taking into account the fact that measures are needed to prevent recidivism due to many criminal records of the same kind);