beta
(영문) 의정부지방법원 2013.10.01 2013고단2972

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On August 31, 2013, at around 21:50, the Defendant driven a vehicle with approximately KRW 10 km to the point of 27.6 km of the Seoul Urban and Fishery Products Market located in the Guri-si, at the same time, in the vicinity of the agricultural and fishery products market located in Guri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the investigation report on actual traffic accidents and the control of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. has a history of being sentenced to a fine four times for traffic-related crimes, and the offense of drinking alcohol was found to have been committed three times, and the degree of blood alcohol level was found to be a traffic accident due to drinking. However, there is a wide range of room for strict punishment in light of the fact that the defendant is led to the confession of the crime, and the degree of blood alcohol level was significant, but there is no history of punishment exceeding a fine, and there is no history of punishment exceeding a fine, and other various circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., which are conditions for sentencing specified in the records