beta
(영문) 청주지방법원 2018.11.22 2018고단1965

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for nine 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 March 25, 2016, the Defendant: (a) at the Cheongju District Court rendered a summary order of KRW 2 million for a crime of violating the Road Traffic Act; (b) on May 25, 2012, the Cheongju District Court received a summary order of KRW 5 million for a crime of violating the Road Traffic Act; and (c) on February 25, 2012, issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act; and (d) on at least two occasions, he/she again violated the prohibition provisions under the Road Traffic Act on at least two occasions under the influence of alcohol; (b) on September 1, 2018, the Defendant was driving a cargo at a level of approximately 500 meters from the front of the “National Weather Gap Computer Center,” which is located at approximately 72-ro 45, 200,000 from the front of the Cheongju-si District District Court at the Cheongju-si District Court at the 400-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of the history of punishment for driving a suspect's drinking), and application of Acts and subordinate statutes attached to summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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 suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

At the time of the crime of this case, the defendant's blood alcohol concentration was significantly high at the time of the crime of this case, the defendant confessions that he had been punished three times due to driving of drinking, and is against the fact that he has no record of the suspension of execution or more.