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(영문) 수원지방법원 성남지원 2018.05.11 2018고단450
도로교통법위반(음주운전)등
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

[criminal history] On November 11, 2009, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating road traffic law (drinking) at the Busan District Court’s Branch Branch on November 11, 2009. On July 8, 2016, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

[2] On November 13, 2017, the Defendant: (a) was a person who has driven two or more alcohol alcohol; (b) was under the influence of 0.101% of alcohol during blood without obtaining a driver’s license on November 13, 2017; and (c) was driving a DNA car at approximately 500 meters from the 8-ro, Kimpo-ro, Kimpo-ro, the 238-ro, Kimpo-ro, the same city to the 580-meter road near the 581-ro, Gopo-ro, the same city Kimpo-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol) and 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

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

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

1. The sentence as ordered shall be determined by comprehensively taking into account the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to a crime and other conditions of sentencing as shown in the records, such as the frequency of the same crime for the reason of sentencing under Article 62 (1) of the Criminal Act, the numerical value of drinking, the distance of driving, the background of driving, and other conditions of sentencing

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