beta
(영문) 대전지방법원 2017.11.17 2017고단3841

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 28, 2007, the Defendant was sentenced to a fine of 700,000 won as a crime of violating the Road Traffic Act at the Daejeon District Court on June 28, 2007, and was sentenced to a fine of 1 million won as a crime of violating the Road Traffic Act at the Daejeon District Court on October 28, 2008.

Although the Defendant had been punished for drinking two or more times, on July 7, 2017, at around 22:50, the Defendant driven CA car under the influence of alcohol concentration of about 0.13% in the front of the household located in the Dong-gu, Daejeon-gu, Daejeon-gu, Jungdong-gu, Daejeon-gu, with approximately 1km to the front of the Dong-gu, Seodong-gu, Daejeon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

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. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;