beta
(영문) 제주지방법원 2017.09.27 2017고단1621

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

[criminal record] On January 4, 2012, the Defendant sent juvenile protection cases to the Incheon District Court Branch Office of the Incheon District Public Prosecutor's Office for the crime of violation of road traffic law (drinking driving). On February 17, 2016, the Defendant received a summary order of KRW 2 million as a fine of the same crime from the Incheon District Court.

[2] While Defendant 1 violated the foregoing provision on the prohibition of drinking driving twice, on May 8, 2017, Defendant 2 driven CK7 cars at the section of approximately 7 km meters from the road front of Chocheon-gu, Chocheon-do to the road front of 3173-12 in Jeju, while under the influence of alcohol level of 0.079% among the blood transfusion around May 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of use of a drinking gauge and a report on the detection of a drinking driver;

1. Previous convictions in judgment: References to inquiries, transfer decisions, written opinions, and copies of summary order statutes, such as criminal history;

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

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows: (a) the degree of alcohol content during blood transfusion at the time of the instant case; (b) the occurrence of traffic accidents while driving alcohol; (c) the circumstances after the crime was committed; and (d) the Defendant’s age; and