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Reasons
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(영문) 수원지방법원 여주지원 2018.04.25 2018고단236
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2009, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) in support of the Sungnam-gu Friwon method, and on June 1, 2011, the Defendant issued a summary order of KRW 2,00,000 as a crime of violation of the Road Traffic Act (drinking driving) on the ground of a violation of the Road Traffic Act (dacting driving) in support of the Frigwon method, but on March 20, 2018, the Defendant was under the influence of alcohol concentration of KRW 0.091% in blood around 23:18, 201, while he was under the influence of alcohol of KRW 0.0,00,00 from the front public parking lot of this Incheon-si, 1200, Seocheon-do to 11180,000 East-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. 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. 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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) although the Defendant had been punished for driving under drinking, the Defendant again committed the instant crime and thereby, is highly likely to repeat the crime.

Defendant reflects on crimes.

In addition, the amount of alcohol concentration, the defendant's age, environment, etc., measured at the time of committing the crime shall be determined as ordered by taking into consideration together.

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