beta
(영문) 춘천지방법원 원주지원 2013.11.19 2013고단656

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2011, the Defendant was sentenced to a fine of KRW 5 million as a crime of violating the Road Traffic Act (driving) in the Chuncheon District Court's original branch on May 13, 201, and a fine of KRW 4 million as a crime of violating the Road Traffic Act (driving) on April 19, 2013.

On September 28, 2013, at around 22:47, the Defendant driven a D New-Tech XD car in the state of alcohol alcohol concentration of about 0.269% without a driver's license, from the front of the second apartment road in Taeju-si, Taeju-si to the front of the Hanju-si educationally East-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same summary order) and application of Acts and subordinate statutes attached thereto;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen of the kind of punishment ( Taking into account the previous conviction of the same kind);

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

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures (Consideration of the same type of crime, etc.);