beta
(영문) 인천지방법원 부천지원 2015.04.08 2015고단327

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

On January 17, 2008, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act in the Suwon District Court's Ansan Branch on January 17, 2008, and a fine of seven hundred thousand won for the same crime in the same court on April 20, 2009.

On November 1, 2015, at around 00:35, the Defendant driven a B-crack vehicle while under the influence of alcohol 0.121% in blood alcohol concentration, at a distance of about 20 meters from the front of theme hotel located in the Gu, Seocheon-si, Seocheon-si to the front of the same route to the 69th road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the state of the state of the operation of the driving of the driving of the motor vehicle, and statement of the state of the operation of the motor vehicle;

1. Previous convictions indicated in judgment: Application of respective Acts and subordinate statutes in reference to criminal records and criminal investigation reports (Attachment to summary orders of the same criminal records of a suspect);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act for the latest five years);

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are that the defendant has no other criminal records than the previous conviction in this case, the defendant has no same military records for the last five years, and the defendant's age and other circumstances under Article 51 of the Criminal Act are determined as ordered by considering the whole of the following facts: