beta
(영문) 대구지방법원 포항지원 2013.08.07 2013고단538

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 September 1, 2010, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act, and on October 1, 2010, the Defendant received a summary order of fine of one million won or more as the same crime in the same court.

On May 24, 2013, the Defendant, while under the influence of alcohol of 0.094% of blood alcohol concentration on May 24, 2013, driven B-low-income car at a 1km section from the front day of the filial length distance in the south-gu Mag-gu, Nam-gu to the lower day of the annual bridge located in the birth of the Donggdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous conviction: Application of a reply to criminal records and an investigation report (Attachment to a summary order) by statutes;

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

1. Article 62 (1) of the Criminal Act (including the confession and reflective nature of the defendant);

1. Order to attend lectures under Article 62-2 of the Criminal Act;