beta
(영문) 청주지방법원 2017.11.03 2017고단390

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of KRW 2 million on July 20, 2006 to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Jeju District Court on July 20, 2006, and a fine of KRW 1 million for the same crime at the same court on February 5, 2013.

On February 13, 2017, around 17:45, the Defendant driven a C Poter under the influence of alcohol with approximately 8km alcohol content of about 0.122% from the Do in front of the Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-do, U.S., U.S., U.S., to the front of the Am., U.S., U.S., U.S., U.S., the Defendant driven a C Poter under the influence of alcohol content of about 8km

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, a criminal investigation report (report attached to the previous summary order), and application of Acts and subordinate statutes attached to two summary orders;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture, despite the fact that the defendant had been already punished three times or more due to drinking, is committing the crime of this case at another time, the alcohol concentration in blood is 0.122%, and the defendant's favorable circumstances such as the occurrence of traffic accidents due to drinking of this case and the favorable circumstances such as the confession and depth of the defendant, the defendant's age, occupation, sex behavior, family relationship, circumstances before and after the crime, etc., shall be determined by comprehensively taking account of the conditions for sentencing as shown in the arguments, such as the defendant's age, occupation, sex, family relation, etc