(영문) 의정부지방법원 고양지원 2018.09.12 2018고단1616

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2018.09.12 2018고단1616

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 June 5, 2016, the Defendant was issued a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court on March 5, 2016. On July 16, 2017, the Defendant was issued a fine of KRW 4,00,000 for the same crime in the same court.

[2] On June 6, 2018, the Defendant was under the influence of alcohol content of 0.097% in blood without a driver’s license of a motor vehicle on June 6, 2018, and was driving B QM6 motor vehicle from approximately 2 km to the front road of the “Fulging Port” located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul to the “Fulging Port” located in the same 807.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of regulating drinking;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The sentence shall be determined as per the order, taking into account the following factors: (a) there may be a number of records of punishment for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) there has been records of punishment for driving without a license; (c) the drinking value is relatively lower than drinking; (d) the confession of the crime and reflects on the fact that the defendant is committed; and (e) the situation in which the defendant

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