beta
(영문) 의정부지방법원 고양지원 2014.10.31 2014고단1796

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

[criminal power] On January 13, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court. On April 10, 2006, the same court was sentenced to a fine of three million won for the same crime and the violation of the Road Traffic Act (Free Driver's License). On March 24, 2010, the Defendant was sentenced to a fine of two million won for the same crime.

【Criminal Facts】

On July 13, 2014, at around 13:38, the Defendant driven a B-hurged vehicle with approximately 100 meters alcohol content 0.078% under the influence of alcohol content in front of the Crurgian Training Institute, located in the Plurg-si in Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of primary operation;

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

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and investigation reports (a summary order attached to the previous past and the same type) Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. In light of the past records of the reason for sentencing Article 62-2 of the Criminal Act, the sentence was imposed in particular by taking into account the following: (a) the need for strict punishment in light of the past records of the sentencing of Article 62-2 of the Order to Attend a lecture; (b) the Defendant’s past records

It is so decided as per Disposition for the above reasons.