beta
(영문) 의정부지방법원 고양지원 2016.09.30 2016고단1805

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 June 14, 2016, at around 04:18, the Defendant driven BM3 automobiles in the state of alcohol alcohol concentration from approximately 200 meters to the front road of the dlim church located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, to the roads of the dlim church located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, and the application of Acts and subordinate statutes reporting the situation of driving under drinking;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. In full view of the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act; (b) the Defendant’s confession, alcohol level; (c) the record of punishment for drinking driving (one time a fine on March 2016); (d) the time gap between the immediately preceding detection work; and (e) the fact that there was no history of punishment exceeding the fine; (c) the Defendant’s age, sex, sex, environment, occupation and experience; (d) family relationship; (e) details of the crime; and (e) the overall sentencing conditions, including the circumstances after the crime, etc.