(영문) 의정부지방법원 2018.05.15 2018고단739

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(영문) 의정부지방법원 2018.05.15 2018고단739

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court, and on May 4, 2015, the Seoul Eastern District Court issued a summary order of KRW 2 million for the same crime, respectively.

On February 16, 2018, the Defendant: (a) 09:19 around 09:19, the Defendant: (b) driven the B low-speed car while under the influence of alcohol content of about 0.118% while under the influence of alcohol content from the front of the flag of the Dong-dong, which was located in the Do-dong, Government-Si of the Dong-si, to the front road of the bank oil stations located in the Dong-si, 345-3, Dong-si, Gu-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding surveys and inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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: The fact that there are two previous convictions for driving under the influence of alcohol, the fact that the driving under the influence of alcohol does not limit the driving under the simple influence of alcohol, and the fact that there is no previous convictions exceeding the fine, and the fact that it reflects

참조조문

-형법 제62조 제1항

-형법 제62조의2

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