beta
전주지방법원 정읍지원 2016.07.19 2016고단225

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

[criminal history] On March 28, 2007, the Defendant was sentenced to a summary order of one million won as a crime of violating road traffic law in the Jeonju District Court’s Eup branch on March 28, 2007. On December 17, 2013, the Defendant was sentenced to a suspended sentence of one year for six months due to a crime of violating road traffic law in the Jeonju District Court’s Eup branch office.

[2] Although Defendant 1 had a history of driving alcohol more than twice as above, Defendant 2 driven B-type cargo under the influence of alcohol with approximately 0.065% alcohol concentration at a distance of about 400 meters from the same Do in front of the parking lot for the G-gun, the Matern Hospital located in the Dondong-gu, the Seoul Northern-gun, the Seoul Northern-gun on May 6, 2016 to the transmission school located in the same Ri, although he had a history of driving alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal history;

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. Although there are extenuating circumstances for sentencing under Article 62-2 of the Criminal Act, such as the defendant's mistake and reflects against his/her own mistake, the defendant suffered a traffic accident while driving under the influence of alcohol even in 2013, which resulted in a traffic accident while under the influence of alcohol and is punished for a traffic accident-related crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, which results in a traffic accident again, the defendant committed the crime of this case, even though he/she has been punished for suspending the execution of imprisonment twice due to the crime related to the traffic accident, etc.

Since it is judged, it is the record of the above crime.