beta
(영문) 서울중앙지방법원 2014.05.02 2014고단1163

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 7, 2012, the Defendant was issued a summary order of 1.5 million won of a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on August 7, 2012, and on February 4, 2014, the Defendant was issued a summary order of 2 million won of a fine for the same crime at the Ansan Branch of the Suwon District Court.

【Criminal Facts】

From November 3, 2013 to February 10, 2014, the Defendant was under the influence of the driver’s license, but around December 23, 2013, at around December 30, 2013, the Defendant driven a B window-sleon car with approximately 0.145% alcohol level from the 1km section to the 445-2 front roads of the same 445-2.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Inquiry into the result of the crackdown on drinking driving;

1. Details of disposition of driver license suspension;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (a summary order and accompanying documents of a summary order) shall be applied by 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. Mitigation of discretionary work and consideration given to the circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs and the fact that he/she has no criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Order to attend lectures under Article 62-2 of the Criminal Act;