beta
(영문) 수원지방법원 여주지원 2016.06.22 2016고단257

도로교통법위반(음주운전)등

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

[criminal history] On March 7, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving), and on April 9, 2012, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the branch office of the competent district public prosecutor's office located in the Suwon District public prosecutor's office located in the Suwon District public prosecutor's office. On February 3, 2015, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) in the capital support of the Suwon District public prosecutor's office

[2] On March 15, 2016, around 03:45, the Defendant driven a car under the influence of alcohol level of about 0.130% while under the influence of alcohol level of 0.130% in blood without obtaining a driver’s license from the front day of the so-called “Yancheon-si Changdong” to the front day of the 30 meters-ro of the same interference-ro.

Accordingly, the defendant, even though he violated the prohibition on drinking at least twice, was driving at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, and investigation report Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 community service order under Article 62-2 of the Criminal Act;