beta
(영문) 의정부지방법원 고양지원 2014.06.13 2014고단629

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 January 24, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on January 24, 2008, and on April 16, 2013, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) in the same court.

On March 5, 2014, at around 03:40, the Defendant, without a car driver’s license, driven Cschton car from the 1km section in the direction of about about 1km to the front road of the shooting distance in the Tong-gu, Busan-dong, U.S., U.S., and Manyang-si, under the influence of alcohol by 0.173% of the blood alcohol concentration of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related person D;

1. The actual condition of traffic accidents;

1. A written report from an employee of an employer;

1. The ledger of driver's licenses;

1. Previous records before ruling: Application of criminal records, repeated statements and 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 provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act on the condition that the defendant has a past record of the same kind of punishment, but has no past record of the stay of execution or more, and that the defendant does not repeat

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;