beta
(영문) 수원지방법원 평택지원 2016.05.13 2016고단141

도로교통법위반(음주운전)등

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 September 4, 2014, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act from the Suwon District Court on the grounds of a violation of the Road Traffic Act, and a summary order of KRW 7 million for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on October 6, 2015, respectively.

Although the Defendant had twice the power of driving under the influence of alcohol as above, on December 10, 2015, around 21:55, the Defendant driven a B-hand car under the influence of alcohol with approximately 0.09% alcohol concentration in blood without obtaining a driver’s license from the front line of the Roman-Eup in the stability of Pyeongtaek-si, Pyeongtaek-si, the same time from the direction of the Roman-distance ahead of that time to the skid elementary road in the same time.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main 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. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. The reasoning for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend shall be determined as ordered for the following reasons: The motive and background leading to a crime, the circumstances after a crime, criminal records, the age of the accused, sexual conduct, intelligence, environment, etc.;