beta
(영문) 전주지방법원 정읍지원 2018.05.10 2017고단473

도로교통법위반(음주운전)

Text

The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Jeonju District Court’s Eup branch court’s order on November 16, 2006, and a summary order of KRW 4 million for the same crime in the same court on January 17, 2014, respectively.

On October 20, 2017, around 10:30, the Defendant driven a Cwing-III truck under the influence of alcohol leveling 0.180% of alcohol level from the section of approximately 3km from the side of the gold embankment to the front road of the same Myeon new reservoir for the new Myeon, the Defendant driven a Cwing-III truck under the influence of alcohol leveling 0.180%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports and investigation reports on the detection of drivers engaged in the primary business (report on the situation of the drivers engaged in the primary business);

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same criminal record and confirmation of the suspect);

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. The reason for sentencing under Article 62-2 of the Criminal Act is likely to be criticized in that the defendant, who had been punished for driving alcohol on several occasions, once again, is driving alcohol.

The blood alcohol concentration is also high.

However, the defendant has no record of punishment heavier than the suspension of execution, and the defendant's attitude to reflect the crime is not re-offending.

There are many things.

In addition, the sentencing factors, such as the defendant's age, family, health status, occupation, etc., shall be determined by comprehensively considering the sentencing factors.