beta
(영문) 대구지방법원 2015.11.03 2015고단4573

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 November 26, 2008, the Defendant was issued a summary order of KRW 1 million by the Daegu District Court as a crime of violation of the Road Traffic Act, and KRW 3 million by the same court on June 14, 2013.

On September 22, 2015, the Defendant driven 500 meters away from blood alcohol level around 21:40, the Defendant was under the influence of alcohol level of 0.093 percent, and drive Do typ high-est 500 meters at the front of the Sam apartment in the middle of Busan City to the front of the Samju apartment in the middle of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. Previous convictions in judgment: Application of investigation report (report attached to the previous and summary order) Acts and subordinate statutes;

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 (no person shall be subject to confession, reflector, or a suspended sentence of imprisonment or more);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;