beta
(영문) 대구지방법원 김천지원 2013.05.30 2013고단381

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

Reasons

Punishment of the crime

[criminal power] On January 29, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do branch on January 29, 2008, a summary order of KRW 1.5 million for the same crime in the same court on January 21, 201, and a summary order of KRW 1.5 million for the same crime in the same court on January 18, 201.

【Criminal Facts】

On March 25, 2013, at around 23:15, the Defendant driven Bsch Rex l460 automobiles while under the influence of 0.132% alcohol concentration without obtaining a driver's license on the front road of the human elementary school located in the Gumi-si in the Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of a drinking driver, report on detection of a drinking driver, and circumstantial statement of a drinking driver;

1. Registers of driver's licenses, details of disposition for cancellation of driver's licenses, and disqualified meetings of main office;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate 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. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;