beta
(영문) 수원지방법원 여주지원 2018.08.17 2018고단589

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

[2018 Highest 589] On November 8, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (drinking) in the leisure support by a source of a water source method. On November 25, 2014, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the leisure support by a source of a water source method.

On June 3, 2018, at around 19:0, the Defendant driven a D Poter II truck with alcohol content of about 40 meters from the front of the C Stop in Echeon-si, to the C Stop parking lot.

[2018 Highest 667] Defendant and Victim E (V, 52 years old) are people who dumpate in front of the gas station in E-si. B.

1. On June 3, 2018, the Defendant assaulted the victim, such as taking a cigarette in which the victim was satisfed with one another due to the distribution of profit with the victim, and taking an article towards the face of the victim by closeing the face of the victim.

2. While Defendant 1 was in dispute with the date and time set forth in the above 1.1. at the same time and place, Defendant 1 made a public insult of the victim by saying, “The victim is a son who has suffered a son, son, or son,” and “the victim is openly insulting.”

Summary of Evidence

1. The defendant's legal statement [2018 highest 589];

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

1. Investigation report (report on the situation of the driver in charge) and report on the situation of the driver in charge;

1. Written inquiry about criminal history, etc.;

1. Two copies of a criminal investigation report (verification of previous records), summary order (2018 highest 667);

1. E statements;

1. A complaint filed by E;

1. Application of Acts and subordinate statutes to a report on investigation (F telephone statement for a witness);

1. Article 148-2 (1) 1, Article 44 (1) of the Traffic Act, Article 260 (1) of the Criminal Act, Article 311 of the Criminal Act, and the selection of imprisonment for a crime;

1. Aggravation of concurrent crimes: former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Aggravated Punishment on Crimes of Violation of Road Traffic Act, the punishment of which is the largest);

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment