beta
(영문) 수원지방법원 평택지원 2014.09.24 2014고단1128

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2007, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and a fine of KRW 2.5 million with a fine of KRW 1 million from the Suwon District Court on November 19, 2010 for the same crime, respectively.

On July 19, 2014, at around 00:30, the Defendant driven Bcoon bcoon with a weighting alcohol concentration of about 0.091% from around 800 meters to the front road of the city in Western-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records, etc. inquiry reports and the application of a copy of judgment;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant drives a motor vehicle in the same drinking condition, even though there are two times of driving skills of the same kind, in light of the fact that the defendant is guilty of driving a motor vehicle in a considerable drinking condition, but the defendant seems to have the attitude to recognize the facts charged in this case and to reflect his mistake, again, there is no history of punishment higher than the fine, and there is no history of punishment higher than the fine, and other circumstances shown in the record, such as the defendant's age, character and behavior, family environment, etc.