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대구지방법원 2016.06.09 2016고단1352

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 October 5, 2009, the Defendant issued a summary order of KRW 2 million to a fine of KRW 1 million for a violation of road traffic laws at the Ulsan District Court on January 15, 2010, a summary order of KRW 3 million for a violation of road traffic laws at the Ulsan District Court on January 15, 2010, and a summary order of KRW 4 million for a violation of road traffic laws at the Daegu District Court on December 31, 2012, and a person who received a summary order of KRW 4 million for a violation of road traffic laws at least twice.

[2] On January 13, 2016, the Defendant, while under the influence of alcohol at around 02:40, driving B Coin in the section of about 5 km from the front of the restaurant in which the trade name in the Hayang-Eup in Busan Metropolitan City is unknown to 0.133% of the alcohol concentration in the blood. The Defendant driven B Coin truck in the section of about 5 km from the front of the restaurant in which it is located in the Gyeongyang-Eup in Busan Metropolitan City to the bottom of the water belt in Hori.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at the main place and a circumstantial statement;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 the liability for the crime of this case is not denied in that the defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed again the crime of this case even though he had been punished several times due to drinking driving, the defendant's confession of the crime of this case and reflects his mistake, the defendant has no criminal record of probation or higher, the defendant's age, sex behavior, environment, motive, means and consequence of the crime of this case, and other circumstances, which form the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime of this case, shall be determined as ordered,