beta
(영문) 광주지방법원 2013.10.31 2013고단4295

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 May 14, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Gwangju District Court on May 14, 2007, and a fine of three million won for the same crime at the same court on January 8, 2009.

On August 18, 2013, at around 23:45, the Defendant driven B-low-scale car under the influence of alcohol concentration of about 0.135% in the section of approximately 4 km from the roads near the Seo-gu Special Metropolitan City Standing District to the roads in front of the transmitting cancer station in Nam-gu, Nam-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the Acts and subordinate statutes stated in the report on the results of drinking driving control, inspection of results, criminal records, etc.;

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 on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant admits his/her mistake and again does not repeat the same crime while opposing his/

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