beta
(영문) 전주지방법원 남원지원 2014.02.04 2013고단316

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 18, 2011, the Defendant was released on January 30, 2012 and the parole period expired on April 8, 2012, when he was sentenced to eight months of imprisonment for a violation of the Road Traffic Act in the Southern District Court of the Jeonju on January 18, 201.

On November 24, 2013, at around 21:00, the Defendant driven a car under the influence of alcohol 0.233% of blood alcohol concentration from the 7km section from the front of the Megal apartment to the roads near the remote village located in the same city living in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, personal identification and confinement status, investigation reports (report attached to judgments, etc.);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is punished for drunk driving. While the defendant was sentenced to a suspended sentence for drinking and driving without a license while driving under the prior to the suspended sentence, he was sentenced to a traffic accident and was sentenced to a suspended sentence for driving under the influence of alcohol, the defendant needs to be sentenced to a strict punishment in light of the following: (a) not only committed the instant crime during the repeated period but also committed the instant crime while driving under the influence of alcohol is short and the distance of driving under the influence of alcohol is very high.

However, in consideration of the fact that the defendant is in the position to support five self-sufficiency under the sufficient economic condition, and that the defendant reflects the defendant's mistake in depth, etc., the punishment shall be determined as per the order.