beta
(영문) 전주지방법원 군산지원 2018.02.09 2017고단1566

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 May 18, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court of Korea on July 30, 2012, and on July 30, 2012, the above court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving). On November 27, 2012, the above court was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act, and on November 27, 2012, the above court was sentenced to a suspended sentence of imprisonment of KRW 8 months for a crime of violating the Road Traffic Act (driving), and thus, has violated Article 44(

[2] On November 14, 2017, the Defendant driven a B-hand vehicle with alcohol content of about 200 meters from the first road of the mutually aesthetic restaurant located in the Yansan-si, North Korea on November 14, 2017 to the front road of the National Bank located in the same Dong around that time, while under the influence of alcohol content of about 0.113%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The criminal place;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;