beta
(영문) 의정부지방법원 고양지원 2018.09.06 2018고단1615

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On November 27, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on November 27, 2008 and a summary order of KRW 3 million for the same crime at the same court on March 10, 2017, respectively.

[Fact of crime] On June 8, 2018, around 10:05, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.068% at a section of about 5km from the 1029-3 of the New Black-dong 1029-3, and from the roads near the Gyeongcheon Bathing Beach to the roads in front of the same YY-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation report);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 (Consideration of the same type of crime, alcohol concentration in blood, details of driving, etc.);