beta
(영문) 대전지방법원 2017.11.24 2017고단3108

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2008, the Defendant was sentenced to a fine of KRW 700,00 to a fine of KRW 700,000 for a crime of violation of road traffic law at the Daejeon District Court on May 13, 2013, a fine of KRW 2,00,000 for a crime of violation of road traffic law at the Daejeon District Court on July 1, 2013, a fine of KRW 5,00,000 for a crime of violation of road traffic law (driving) at the Daejeon District Court on July 1, 203, and a fine of KRW 5,00,000 for a crime of violation of road traffic law at the Daejeon District Court on August 5, 2013.

On April 14, 2017, the Defendant driven B K5 vehicle under the influence of alcohol content of about 0.062% at a 1km section from around 23:00 to the front road of the Seo-gu, Seo-gu, Seo-gu, Daejeon. from around 23:00, the Defendant driven B k5 vehicle under the influence of alcohol content of about 1km.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: Although the defendant had a history of being subject to four times of criminal punishment due to drinking driving, circumstances favorable to theO that the defendant committed a crime of drinking while recognizing the instant crime: The appearance of the defendant appears to be against the defendant, such as the level of alcohol concentration and driving distance, and other factors, such as the defendant's age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime, etc., shall be determined as the sentence as ordered;