beta
(영문) 의정부지방법원 고양지원 2016.01.29 2015고단3311

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

On February 15, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (driving), KRW 3 million for the same crime in the same court on January 9, 2012, and KRW 7 million for the same crime in the same court on February 5, 2013.

On October 31, 2015, the Defendant driven a B-pon vehicle under the influence of alcohol leveling 0.192% of alcohol leveling from 23:5 to 23:55 at the time of Papju to 3:0,000, Goyang-dong apartment complex in Ilyang-gu, Ilyang-gu, Ilyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;

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. 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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the Defendant’s reflectivity, alcohol level, the record of punishment for drinking alcohol driving as stated in the judgment, the time gap between the immediately preceding detection day, and the fact that the accident was not caused, including the circumstances and contents of the crime, the Defendant’s age, sex, criminal conduct, environment, occupation, family relationship, and other various sentencing conditions, including the circumstances after the crime, the sentence is determined as ordered.