beta
(영문) 수원지방법원 평택지원 2014.04.03 2014고단118

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2011, the Defendant issued a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving on a sound driving) at the Suwon District Court, and on December 13, 2013 at the Pyeongtaek District Court’s Pyeongtaek site, the Defendant driven a B1 ton truck with a blood alcohol concentration of KRW 0.139% while under the influence of alcohol at approximately 50 meters, without obtaining a driving license, from the front of the coal station located in Pyeongtaek-dong, Pyeongtaek-dong on November 23:20, 2013 to the parking lot in Pyeongtaek-dong, the Defendant driven a B1 ton truck with a blood alcohol concentration of KRW 0.139% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Records before judgment: Criminal records, etc. inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confessions made in committing a crime, the depth of which is divided, the fact that the defendant currently is receiving treatment for alcohol addiction from a hospital, the age, character and conduct, family environment, circumstances after committing a crime, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation under Article 62-2 of the Criminal Act;