beta
(영문) 의정부지방법원 고양지원 2019.10.16 2019고단2142

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 March 14, 2011, the Defendant was sentenced to a summary order of KRW 1,50,000 for a fine of KRW 1.5 million for a violation of the Road Traffic Act, from the same support on September 27, 2017 to a summary order of KRW 4 million for the same crime, and was punished twice or more for a violation of the Road Traffic Act.

At around 05:00 on June 4, 2019, the Defendant driven a C Sti-type car under the influence of alcohol content of about 10km from the front of a cafeteria in the mutual unclaimed cafeteria Dong-gu, Seoyang-gu, Seoyang-gu to the ground parking lot located in the same city-gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the situation of a drinking-driving, and inquiry into the results of the crackdown on drinking-driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account the following factors: (a) the number of records of punishment for the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the level of drinking alcohol is relatively low; (c) the confession and reflect of the Defendant’s age; and (d) the sentencing conditions stipulated under Article 51 of the Criminal Act, including the Defendant’s age;