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(영문) 대구지방법원 김천지원 2013.08.14 2013고단680
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who has driven a motor vehicle under the influence of alcohol level of 0.103% on September 17, 2006, and on June 7, 2010, under the influence of alcohol level of 0.114% on June 7, 2010, and violated the prohibition on driving a motor vehicle under the influence of alcohol at least twice.

1. On May 29, 2013, the Defendant driven B B B B B bee or car under the influence of alcohol concentration of 0.103% on the front of the ENC on the road of the Gu-U.S.-U.S.-U.S. 22:28.

2. At around 23:30 on the same day, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of 0.135% on the road, following the 8 complex in the Bupyeong-gu, Sinsi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of penalty for a crime, and the choice of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant, while having been sentenced to eight times a fine due to drunk driving, driving without a license, refusing to measure drinking, etc.; and (b) the Defendant, despite the fact that drinking control was conducted at all times, is without any criminal responsibility; (c) the Defendant has no criminal record of a suspended sentence or heavier due to the same criminal conduct; and (d) the Defendant has no criminal record of a suspended sentence or heavier due to the same criminal conduct; and

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