beta
(영문) 수원지방법원 성남지원 2013.10.18 2013고단1865

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, 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 May 28, 2008, the Defendant was issued a summary order of 700,000 won by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on May 28, 2008, and on February 22, 2011, the Defendant was issued a summary order of 2.5 million won by a fine at the Seoul Central District Court on February 22, 201.

On August 16, 2013, at around 07:55, the Defendant driven a B Sti-type car at approximately 2 km on the road in front of the Mannam-dong, Seongbuk-gu, Sungnam-gu, Sungnam-dong, by the 1553 front of the same act on the road in front of the Mannam-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a previous conviction who has been punished twice due to drunk driving, but considering the fact that the defendant was committed while committing the crime, and the defendant was repented, and is not required to drive under the influence of alcohol again, the punishment shall be determined like the order.