beta
(영문) 수원지방법원 안산지원 2016.07.13 2016고단1525

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 April 10, 2008, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a crime of violating the Road Traffic Act at the Seoul Central District Court on April 10, 2008. On October 22, 2010, the Defendant issued a summary order of KRW 3.5 million with the same court as a crime of violating the Road Traffic Act.

On March 24, 2016, the Defendant driven a B-learning car under the influence of alcohol content of about 0.191% at a distance of about 100 meters from a 100-meter away from the 732-2 square meters away from the 100-meter away from the 732-2 Hasan-si Hasan-si Masan-si Masan-si, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driving of a brewing engineer;

1. A drinking testing register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

1. The provision of 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. 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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the Defendant committed the instant crime even though he/she had the same criminal record.

However, the mistake is recognized and reflected.

There is no previous offense exceeding a fine.

In addition, all the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered by considering the following factors.