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(영문) 의정부지방법원 고양지원 2018.06.01 2017고단3760
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 17, 2010, the Defendant issued a summary order of KRW 1,500,000 for a fine for a violation of Road Traffic Act at the Dong-gu Seoul District Court, and a summary order of KRW 2,50,000 for a fine for a violation of Road Traffic Act at the Jung-gu District Court on November 11, 2013.

【Criminal fact-finding on October 20, 2017, the Defendant driven D UDR7 car under the influence of alcohol content of about 0.195% from the 1km section from the 225-ro, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, U.S., to the 6-ro, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, notification on the results of regulating drinking driving, and investigation report (report on the situation of the driver who is placed in driving);

1. Previous convictions in judgment: The provision of a written reply to inquiry, such as criminal history (A) and the application of Part II of summary order;

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Based on the grounds for sentencing under Article 62-2 of the Criminal Act, all of the sentencing factors indicated in the pleadings of the instant case, including the Defendant’s age, sex, environment, family relationship, and drinking driving, etc., the sentence as ordered shall be determined by considering the following circumstances.

The favorable circumstances: The fact that the defendant recognizes his mistake and reflects the defendant, and that there is no past record of punishment exceeding the fine: The defendant has been punished twice for the same crime, but the defendant is committing the crime of drinking of this case, and the alcohol concentration in blood at the time is very high by 0.195%.

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