beta
(영문) 창원지방법원 통영지원 2013.10.24 2013고단625

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On August 16, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Seo-gu District Court Branch of the Daegu District Court on August 16, 2007, from the Daegu District Court Kimcheon Branch of July 7, 2009 to a fine of one million and five hundred thousand won for the same crime, and on February 4, 2010 to a suspended sentence of two years for six months for the same crime in the same court.

On June 23, 2013, at around 18:20 on June 23, 2013, the Defendant driven a B-hand car with blood alcohol content of about 0.204% at a distance of about 5km from the front day of the street in the ancient city to the front day of the new gas station at a macro-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1,

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

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