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Reasons
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(영문) 수원지방법원 여주지원 2018.04.11 2018고단191
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the support of the Youngcheon District Court on January 10, 2014, and a fine of KRW 2 million for a crime of violating the Road Traffic Act in the support of the Youngcheon District Court on April 21, 2014.

[2] On February 20, 2018, the Defendant driven a BMW 118d car under the influence of alcohol content of about 0.065% in blood while under the influence of alcohol from a section of about 50 meters, which is located in the Chang-dong, e.g., Chang-dong, Leecheon-si, Leecheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driving of the driver concerned, a report on the circumstances of the driver concerned, and a report on the circumstances of the driver concerned;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (verification of criminal records of the same kind of punishment as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, other than the instant crime, is that the Defendant, who had been punished for drinking alcohol driving two times within a relatively short period of time, is highly likely to repeat a crime.

Defendant would not repeat the Defendant’s vehicle while selling the vehicle.

There are many things.

Other punishment shall be determined as per the order in consideration of the age, sex, environment, motive, circumstances, etc. of the crime of the defendant.

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