beta
(영문) 수원지방법원 성남지원 2015.04.03 2015고단267

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 20, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Sung-nam branch of Suwon District Court on March 20, 2009, and on February 3, 2010, a summary order of KRW 4 million for the same crime at least twice in the same court.

On December 26, 2014, at around 23:06, the Defendant driven a benz vehicle at a section of about 1k meters from the raw ginseng distance front of the raw ginseng raw ginseng located in the same city, from the influence 0.101% of the blood alcohol concentration at a 0.101% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the state of the driving of alcohol, inquiry into the results of the crackdown on the driving of alcohol, a written appraisal of blood alcohol, and a written report on the state of the driver;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant repents and reflects his mistake, and the circumstances leading to the instant crime, etc. shall be considered);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to attend a compliance driving lecture in order to prevent recidivism, taking into consideration the fact that he/she again drives under the influence of alcohol even though he/she had a record of punishment for drinking driving, such as before the judgment of the accused, even though he/she had a record of driving under the influence of alcohol;