beta
(영문) 수원지방법원 성남지원 2018.05.23 2018고단383

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 August 5, 2009, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam support by the Suwon Friwon, and a summary order of KRW 5 million for the same crime at the same court on July 11, 2012, respectively.

[2] On February 2, 2018, the Defendant driven B rocketing car under the influence of alcohol with approximately 0.243% alcohol concentration around the 5km section from the Do-type to the road located in Gwangju City, Do-type 157, the Do-type Do-type Do-type Do-type Do-type Do-type 157.

Summary of Evidence

1. Statement by the defendant in court;

1. A request for appraisal;

1. Notification of the result of drinking control;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (the confirmation of previous 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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence identical to the order shall be determined by comprehensively taking account of the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., and the conditions of sentencing as shown in the records, such as the frequency of the same crime for the reason of sentencing under Article 62-2 of the Criminal Act, drinking volume, and reflects on the case of the defendant, and other conditions