beta
(영문) 인천지방법원 부천지원 2013.07.12 2013고단722

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 June 27, 2007, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on June 2, 2010, and had been sentenced to a fine of 3.5 million won due to the same crime in the same court on June 2, 2010. However, on March 13, 2013, the Defendant driven a B-type cargo vehicle under the influence of alcohol concentration of 0.086% under the influence of alcohol concentration of 0.086% on the front of the office of Kimpo-si, Kimpo-si on March 13, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of judgment attached) including criminal records, etc.;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act (Article 55(1)3 of the same Act provides that the defendant confessions the crime of this case and reflects the fact that the previous record of punishment for drunk driving was three times before the crime of this case, but has not been punished exceeding the fine, and considering all the circumstances including the time when the punishment was imposed is relatively old

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

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