beta
(영문) 대전지방법원 2013.10.15 2013고단3071

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 June 18, 2007, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act, and KRW 4 million by a fine at the Daejeon District Court on May 7, 2010.

On July 25, 2013, the Defendant, while under the influence of alcohol of 0.140% on blood alcohol content at around 22:00, driven a B bit B-line truck from around about 200 meters to the above-mentioned road of the officer, who is in the Taenuri-dong, Seogu Daejeon-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written reports on running a driver;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the suspended sentence) is that the Defendant committed the instant crime even though he/she had a record of being punished due to drinking driving, etc., on several occasions, there is a high possibility of criticism. However, a suspended sentence shall be sentenced in consideration of the fact that the instant drinking water and the Defendant

Provided, That probation and community service shall be added to prevent recidivism.

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