beta
(영문) 춘천지방법원 원주지원 2013.06.26 2013고단268

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 December 7, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act from the original state branch of the Chuncheon District Court, and on January 21, 2011, the above court received a summary order of KRW 4 million for a crime of violating the Road Traffic Act.

On May 12, 2013, at around 15:05, the Defendant: (a) operated a car under the influence of alcohol concentration of about 0.182% from the 1km section to the road between 1km of cryp of cryp of cryp of cryp of cryp of cryp of cryp of cryp of cryp of cryp of cryp of cryp of cryp of cryp of cryp of cryp of cryp

Accordingly, even though the Defendant was punished twice or more by driving a motor vehicle, etc. while under the influence of alcohol, the Defendant driven a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (former records and confirmation), and application of two copies of written judgments to Acts and subordinate statutes;

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. Mitigation of discretionary work and taking into account Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the accused reflects the wrongness of the accused and the fact that the accused does not have any criminal record for the same crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the preceding);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;