beta
(영문) 전주지방법원 정읍지원 2017.06.22 2017고단134

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

On October 31, 2011, the Defendant was issued a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving), etc. at the Jeonju District Court’s Eup branch office, and on May 26, 2015, a summary order of KRW 5 million for the same crime, etc. at the same court.

On February 23, 2017, the Defendant driven BM6 motor vehicles under the influence of alcohol content of about 0.053% in the 3km section from the front of the “Davedokin” road located in the Sin-Eup Sin-si, Jung-do, 2017 to the traffic distance intersection of about 0.053% in the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (a favorable consideration, such as the reflection of errors, the fact that there is no record of punishment exceeding the fine, and the fact that a compliance driving is performed);

1. Surveillance of protection, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;