beta
(영문) 수원지방법원 평택지원 2019.03.28 2018고단1580

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 power] On June 25, 2014, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and on December 3, 2015, the Defendant was sentenced to a summary order of KRW 2 million for the same crime at the same court on December 3, 2015, and was sentenced to a penalty of at least two times for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 28, 2018, around 17:45, the Defendant driven an Ebluri vehicle in the state of alcohol alcohol concentration of about 0.147% from a 300-meter section before the “C” convenience store located in Ansan-si B to the front of the Dtel.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Before ruling: The application of criminal records and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction beyond the fine, and the fact that a confession, reflect, and not repeating the crime in this case);

1. Order to attend lectures under Article 62-2 of the Criminal Act;