beta
(영문) 수원지방법원 평택지원 2018.01.11 2017고단1773

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

[criminal history] On December 11, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Suwon District Court’s House on the same day, and a summary order of KRW 2 million as a fine for the same crime at the same court on November 14, 2012, respectively.

[2] On September 1, 2017, the Defendant, while driving a B-low-car under the influence of alcohol leveling 0.078% from around 1.5km to around the same Si/dong mountain reservoir in the front of the apartment complex from around 05:10 on September 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a notification of the results of regulating drinking driving and a statement in the circumstances of drinking drivers;

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

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There is a history of punishment twice for the same crime, provided that the driving of the drinking of this case does not cause other traffic accidents due to the driving of the drinking of this case. - there is no history of criminal punishment exceeding a fine. - The defendant is against his own mistake.