beta
(영문) 수원지방법원 평택지원 2017.01.19 2016고단1942

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 December 5, 2008, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court on December 5, 2008, and a summary order of KRW 3 million as a fine from the same crime on October 14, 201, respectively.

On August 27, 2016, the Defendant collected from Pyeongtaek-si and from North Korea on August 27, 2016.

B car under the influence of alcohol concentration of approximately 0.237 percent from the Do in front of the unemployment to the front road of the two middle school located in approximately 49, a 49th day of both reduction and exemption in the Do in the Do of the East Asia.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a report on the detection of a driver engaged in driving;

1. Application of Acts and subordinate statutes to investigation reports (a copy of summary order);

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

1. In spite of the past record of two fines due to the provision of protection observation and the provision of community service order under Article 62-2 of the Criminal Act, the driving of drinking again was sentenced to a fine for the reason of sentencing, and the drinking volume is very high.

The execution of imprisonment shall be suspended in consideration of the first point that the defendant is sentenced to imprisonment, the fact that the person is living at the workplace, the family relationship of the defendant, etc.