logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
수원지방법원 안산지원 2018.07.18 2018고단1744
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On May 30, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court (Seoul District Court), and on November 30, 2012, Article 44(1) of the Road Traffic Act at least twice with the issuance of a fine of KRW 3 million for the same crime. However, on April 16, 2018, the Defendant driven a B car under the influence of alcohol content from approximately 300 meters to about 39 minutes on the road at approximately 0.20% of alcohol content among blood alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Response to a request for appraisal;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal suspect's records);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing conditions stated in the records, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, shall be determined as ordered by considering the following conditions of sentencing.

- Unfavorable circumstances: The highest drinking volume, the fact that only three times the same kind of power is favorable: The confession and reflect, and the fact that there is no previous conviction exceeding the fine;