(영문) 수원지방법원 평택지원 2017.05.11 2016고단2408

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(영문) 수원지방법원 평택지원 2017.05.11 2016고단2408

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] The Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in support of Sungnam-gu Office of Friwon on October 29, 2009. On January 8, 2014, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving on Drinking) at the Suwon Friwon of Friwon.

[2] On October 23, 2016, the Defendant, while under the influence of alcohol of 0.092% in blood without obtaining a driver’s license for a motor vehicle on October 23, 2016, operated a section of approximately 30 km up to 529 km in the direction of the high-water reservoir near the high-water reservoir where he/she was aware of while driving the 0.092% alcohol concentration in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order for the crime of drinking or non-licensed driving);

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. 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. Consideration, including the observation of protection and the suspension of the execution of imprisonment for the reason of sentencing under Article 62-2 of the Criminal Act due to driving under the influence of alcohol for the reason of sentencing, and the fact that there has been the past record of being punished twice as well as the previous record of driving without a license, the fact that the defendant scrapped the vehicle, has divided the crimes, and has injured the workplace life in good faith; and

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