beta
(영문) 수원지방법원 성남지원 2018.05.16 2018고단409

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and four 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 April 8, 201, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on April 8, 201, and was sentenced to a fine of five million won for a crime of violating the Road Traffic Act (drinking driving) in the Daejeon District Court's Support on December 29, 2015 and was sentenced to a fine of five million won or more due to drinking.

around 19:15 on February 18, 2018, the Defendant driven B K5 vehicle while under the influence of alcohol content 0.102% in blood, from the road in front of 649-1, Sungnam-si, Sungnam-si, Sungnam-si, to the 534 U.S. dollars.

On March 24, 2018, the Defendant driven B K5 car under the influence of alcohol content of about 0.110% from the 6km section of approximately 6km to the yeast of the future shopping mall in the same Gu from the insular area (hereinafter referred to as the “YYY”) of the GY 23:27 on March 24, 2018.

Summary of Evidence

"2018 Highest 409"

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification reports on the history of drinking driving), and copies of each written judgment "2018 Gool 716";

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiries about criminal history, replys to criminal history, application of the Acts and subordinate statutes on investigation reports (the same type of force

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant has been punished for the same crime, and that the defendant is not good for committing a crime, such as re-offending, among those prosecuted for the same crime.

However, the defendant has no record of being punished for driving alcohol beyond a fine, and the mistake is divided and reflected.