beta
(영문) 수원지방법원 평택지원 2018.05.03 2017고단2217

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On March 21, 2006, the defendant was sentenced to a summary order of KRW 1,00,000 to a fine of KRW 1,50,000 to a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and on January 10, 2007, the same court issued a summary order of KRW 1,50,000 to a fine of KRW 1,50,000 to a fine for a violation of road traffic law. On December 3, 2009, the same court was sentenced to a suspended sentence of ten months for a violation of road traffic law (driving).

[2] On November 10, 2017, the Defendant driven a two-km car under the influence of alcohol level of about 0.062% in blood at the 2km section from around 22:16 to the front road of the 791 Sin-si-dong, as in the same city-based games.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There has been several records of punishment for the same crime, provided that the defendant does not cause other traffic accidents due to the driving of the drinking of this case. - The defendant is against his mistake.