beta
(영문) 수원지방법원 2018.12.12 2018고단5866

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 21, 2017, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million for a violation of road traffic law at the Suwon Friwon, and on September 1, 2018, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million for the same crime at the Sungnam support of Friwon Friwon Griwon Griwon Griwon Griwon Sung-nam on October 29, 2018.

[Criminal facts] On October 6, 2018, the Defendant driven C Ra in the state of alcohol alcohol concentration of about 0.098% in a section of approximately 100 meters in the ecological tunnel of the Dong-gu, Suwon-si, Suwon-si, Suwon-si from Dong-si to Dong-gu, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, etc., one copy of the summary order No. 375, 2017, and one copy of the indictment No. 34860, Dec. 1, 2018;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive of the crime and circumstances after the crime, were determined as ordered.

The circumstances that the defendant committed the crime of this case without being aware of the fact that he had been punished twice by a fine due to drinking in 2017 and 2018: The defendant committed the crime of this case without being aware of the fact that he had a record of being punished twice due to drinking in 2017 and 2018: The defendant has an attitude to recognize and seriously reflect his mistake, and the vehicle possessed by him is scrapped to not drive the drinking again in the future, and is punished in excess of a fine.