beta
(영문) 춘천지방법원 원주지원 2016.04.11 2016고단195

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On June 16, 2010, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating road traffic law (drinking) from the Cheongju District Court’s Assistance, and a summary order of KRW 1,50,000 as a fine for the same crime from May 22, 2015, respectively.

On February 6, 2016, the Defendant driven a CFD car under the influence of alcohol content of about 0.061% from approximately 300 meters from the front side of the East-dong meat store located in the upper part of the Sindong-gu Seoul Metropolitan Government Crossing-si, Gyeongwon-si, Gyeongwon-si, Seoul, to the front side of the same Eup/Myeonndong-ri located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A previous conviction: Application of a written inquiry and a written reply;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting a crime and Articles 148-2 (1) 1 and 44: Selection of imprisonment;

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. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to attend lectures;