beta
(영문) 수원지방법원 안산지원 2018.06.27 2018고단1312

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

[2] On May 7, 2008, the Defendant issued a summary order of KRW 1,50,000,000 to a fine for a violation of road traffic laws at the Jung-gu District Court on May 7, 2008, and on June 18, 2013, the same court issued a summary order of KRW 4 million for the same crime.

[2] On April 15, 2018, the Defendant driven Bsch-ton car at approximately 200 meters away from the section of approximately 200 meters alcohol level to the front road of the 5 light lighting police station in the same city, from the commercial area adjacent to the railway station at the time of light lighting around 22:45 to the road at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Inquiries about criminal history and the application of two-yearly Acts and subordinate statutes to summary orders;

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. The sentencing conditions under Article 62-2 of the Criminal Act, including the defendant's age, sex, family relation, etc., shall be determined as ordered by considering the following normal relation with the reasons for sentencing.

- Unfavorable circumstances: The same power has reached three times, and the amount of drinking is high and favorable: The defendant confessions and reflects, there is no criminal record exceeding the fine, and there is no family member.