beta
(영문) 의정부지방법원 고양지원 2016.03.30 2015고단3217

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 April 24, 2008, the Defendant was sentenced to a fine of 700,000 won for a crime of violating the Road Traffic Act at the Seoul Western District Court on April 24, 2008, and was sentenced to a fine of 2 million won for a crime of violating the Road Traffic Act (driving), on October 21, 2008. On May 22, 2013, the above court was sentenced to a fine of 5 million won for a crime of violating the Road Traffic Act (driving).

On October 12, 2015, the Defendant driven Benz automobiles with approximately 200 meters alcohol content 0.159% in blood while driving at around 22:50 on October 12, 2015, from the street flive flive flive flive flive flive flive flive to the front roads of the same low-dong middle school.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the result of regulating drinking driving;

1. Previous convictions indicated in the judgment: Inquiry of criminal history, investigation report (report on confirmation of criminal records of the same kind of crime as the suspect), application of the summary order-related statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant, even though he had a record of driving alcohol more than twice, was driving at once without any special reason.

On the other hand, the defendant shows an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.