(영문) 수원지방법원 2018.08.07 2018고단2454

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Reasons

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자간(%)

(영문) 수원지방법원 2018.08.07 2018고단2454

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] On June 14, 2012, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on January 11, 2013, the same court issued a summary order of KRW 7 million for the same crime, respectively. On March 30, 2016, the same court was sentenced to a suspended sentence of two years for the same crime.

[2] On April 24, 2018, at around 12:35, the Defendant driven a Cystren car with the alcohol concentration of about 2km from the front line of the trade influent Do to the front line of the 424th road in the same Eup/Myeon located in the Republic of Korea in the Republic of Korea, Hasung-nam Eup at the time of Masung, the Defendant driven a Cystren car with the alcohol concentration of about 0.114%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and the text of the judgment attached thereto;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume are as follows: (a) the Defendant’s personal and material damage has not occurred due to the instant crime; (b) the Defendant has no criminal record of imprisonment with prison labor; and (c) the Defendant’s social relation is obvious.

However, as stated in the records of the crime, the Defendant committed the crime of this case again, even though he had been sentenced to a fine twice due to drinking driving, and one time a suspended sentence of imprisonment with prison labor, it has not yet passed since the period of suspended sentence expires.

According to the defendant's records of punishment for drinking driving, even if the above favorable circumstances are considered, the defendant seems to have a high risk of re-offending.

The age, sex, career, environment, and background and result of the crime of the defendant in addition to the above circumstances.

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

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