(영문) 제주지방법원 2013.10.23 2013고단1113

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(영문) 제주지방법원 2013.10.23 2013고단1113

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 1113] On July 31, 2013, the Defendant driven a car in B 200 meters away from the sea village in the Sogpo-si, the Southern-si, the Southern-si, the Republic of Korea, under the influence of alcohol level of 0.07% at around 22:14, to the underground roads in the same Ri.

[2013 Highest 1120] Around 23:57 on June 22, 2013, the Defendant driven a car with Churd-purged from the Grand Pyeong-gu located in the Grand Pyeong-gu in the Grand Pungpo-si in the Sinpo-si of Seopopo-si to the roads located in the same Sinpo-dong to the long sea-water sea area located in the same Sinpo-dong.

Summary of Evidence

[2013 Height 1113]

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and circumstantial statement of a drinking driver;

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving and the application of Acts and subordinate statutes to report the circumstances of drinking driving;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on July 31, 2013), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on June 22, 2013), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) the Defendant, even though he was under the influence of alcohol driving on June 22, 2013, was also under the influence of alcohol driving on July 31, 2013; and (b) on June 22, 2013, the Defendant was under the influence of blood alcohol level of 0.143% at the time of driving under the influence of alcohol, and (c) the Defendant was under the influence of alcohol level of 0.143% at the time of driving under the influence of alcohol; and (d) the Defendant was under the influence of alcohol level, without any particular criminal record after 197, and all the sentencing circumstances specified in the instant records

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

-도로교통법 제148조의2 제2항 제3호

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