beta
(영문) 수원지방법원 평택지원 2014.09.26 2014고단1074

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On August 6, 2010, the Defendant was sentenced to a summary order of KRW 2,50,000 to a fine of KRW 2,500,000 for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and on May 4, 2011, the Defendant was sentenced to a suspended sentence of two years for six months for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site.

【Criminal Facts】

At around 17:00 on July 5, 2014, the Defendant driven B Poter Cargo Vehicles with approximately 50 meters alcohol concentration at approximately 0.281% under the influence of alcohol from the stage of 50 meters to the day before the public bath in the same Dong, from the Sung-dong, which is located in the West-dong, in the event of Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, report on the request for appraisal, report on the status of a drinking driver, and report on the collection of blood;

1. The actual survey report and photographs related to accidents;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports, and summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Code have five times the criminal records already punished by the defendant due to drunk driving, etc., and among them, even though there were criminal records subject to suspended sentence due to drinking and unlicensed driving, such as the criminal records in the judgment, the crime of this case has been committed again in the state of drinking alcohol concentration of 0.281%, which causes vehicle accidents. Therefore, there is a need for the corresponding punishment.

However, a suspended sentence shall be imposed in consideration of the fact that the defendant is recognized as committing a crime, the fact that the defendant sells a vehicle and does not repeat a crime, the family relationship of the defendant, etc., and the probation shall be imposed on the condition that the community service order is given for probation and long time.