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(영문) 춘천지방법원 원주지원 2017.06.22 2017고단403
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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

On January 15, 2008, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court, and on June 1, 2012, issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Incheon District Court on June 1, 2012. A person who violated Article 44(1) of the Road Traffic Act at least twice.

On March 28, 2017, around 01:03, the Defendant driven a body car with B while under the influence of alcohol content of about 0.132% in the direction of “absent restaurant” located in 354-27, i.e., the 514 from the front of the “spon son of Pakistan,” which was located in 514, Seoju-si, Nowon-si, Seoul, to the front of “abspon cafeteria” located in 390 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Statement report on the circumstances of a driver driving a drinking, report on the circumstances of a driver driving a drinking and report on the results of regulating drinking;

1. The investigation report (the first 12) ;

1. Before judgment: To apply Acts and subordinate statutes, such as inquiry into criminal history data, summary order, etc., and investigation reports (timely 15).

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. According to Article 62(1) of the Criminal Act of the suspended sentence, the Defendant’s figures of drinking alcohol, the same criminal records, age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and other circumstances constituting the conditions of sentencing as indicated in the records, shall be determined as ordered by taking into account the following circumstances:

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