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(영문) 수원지방법원 2018.04.04 2018고단259
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] The Defendant is a person who was punished for the same kind of crime on August 22, 2012, including a fine of one million won as a crime of violating road traffic laws at the Suwon Flag Flag Flag on August 21, 2008 and a fine of one million won as a crime of violating road traffic laws at the Seoul Southern Flag District Court on October 21, 2008.

[2] On December 22, 2017, the Defendant: (a) 00:30, while drunk around 00:121% of alcohol content in blood, and (b) 274 square meters away from the top of the Sinsung-nam Eup in the Gunnam Eup in the Gundong of Masung-si in the sobrying restaurant, and (c) operated Bbenz car in the 2km section of around 805, el up to the front of 805.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of drinking driving records), and application of the provisions of Part III of the judgment;

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 grounds for sentencing under Article 62-2(1) of the Criminal Act for an order to attend a lecture and an order to provide community service [the scope of punishment] The punishment as ordered shall be determined by taking into account the following circumstances, such as the Defendant’s age, sex, environment, motive for committing an offense, and circumstances after committing an offense: (a) imprisonment with prison labor for six months or more; (b) imprisonment with prison labor for one year and six months; (c) and (d)

A disadvantageous circumstances: The defendant committed the crime of this case without being aware of the fact that he had been punished by a fine not less than twice due to driving under drinking, while he was well aware of the fact that he committed the crime of this case: The fact that he was aware of his mistake and seriously against him

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