beta
(영문) 수원지방법원 성남지원 2013.12.13 2013고단2516

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

[criminal power] On December 17, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on December 17, 2008; on August 19, 2009, a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on August 19, 2009; on December 31, 2009, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) was issued at the Sung-gu District Court on December 31, 2009; and on October 7, 2010, a summary order of KRW 6 months was sentenced by imprisonment with prison labor at the Jung-gu District Court on October 7, 2010 and a suspended sentence of two years was sentenced.

【Criminal Facts】

Although the Defendant had had a record of drinking twice or more as above, around October 26, 2013, the Defendant driven C Liop vehicle while under the influence of alcohol of about 0.098% of alcohol content from the Home Poper parking lot located in the Poper located in the Poper located in the Poper located in the Poper in Seongbuk-gu, Sungnam-si, Sungnam-si to about 258-2, Sungnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (Attachment to the same final judgment);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;