beta
(영문) 수원지방법원 안산지원 2018.07.26 2018고단1624

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

【The Defendant, on September 27, 2013, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) on the support of the Suwon Friwon method, and on April 30, 2014, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the same court.

【Criminal facts of the crime, despite the fact that the Defendant had been punished for drinking two or more times, he driven B knife vehicle under the influence of alcohol at approximately 0.146% in the section of approximately 1.6 km from May 10, 2018 to the front of the 337 Sinsi-ro, Mancheon-ro, Gyeonggi-do, Seoul Metropolitan City, to the front of the 13-west Sea High School at the same time, from May 10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving and data concerning notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the fact that drinking is driven twice or more by a suspect) statute;

1. Article 148-2 of the Road Traffic Act applicable to the facts constituting an offense and Article 148-2 (1) 1 and 44-2 (1) of the same Act applicable to the selective punishment;

1. Reduction of a certain amount of punishment under Article 53 and Article 55 (1) 3 of the Criminal Act (the favorable circumstances, such as the reflection of the amount of punishment and the fact that there is no record of punishment exceeding the amount of fine);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;