beta
(영문) 수원지방법원 여주지원 2015.01.30 2014고단851

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2009, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million due to the same crime in the same court on August 28, 2009. On September 23, 2011, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on September 23, 201.

On October 17:50 on October 10, 2014, the Defendant, while under the influence of alcohol of 0.190% of blood alcohol level, driven B C 100 Oralba in the section of about 5km from around 52, 190 to the front of the red-dong Hyundai Apartment at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records and investigation reports (former records and attachment of court rulings, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary work and taking into account Articles 53 and 55 (1) 3 of the Criminal Act (the points in which a person drives an Lao);

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

1. Probation and community service order under Article 62-2 of the Criminal Act;