beta
(영문) 수원지방법원 여주지원 2014.04.14 2014고단108

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 April 4, 2008, the Defendant received a summary order of KRW 2.5 million from the Seoul Eastern District Court due to a violation of the Road Traffic Act (driving). On February 13, 2009, a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million from the same court on December 16, 201, respectively.

On January 26, 2014, at around 00:20, the Defendant driven B observer car in the state of alcohol alcohol concentration of about 0.073% at a distance of about 80 meters from theme park in the front of the restaurant for the Han-ri Village located in the same Ri from theme park in the front repair.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Before ruling: The application of criminal records and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty;

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

1. Article 62 (1) of the Criminal Act (it shall be considered that there is no criminal record of the same kind of suspended sentence or more);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;