beta
(영문) 전주지방법원 2018.04.03 2017고단2533

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 December 20, 2007, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law in the support of the Southern District Court of the Jeonju on December 2007, and on March 30, 2010, the Defendant was sentenced to a suspended sentence of two years due to a violation of road traffic law in the support of the Southern District Court of the Jeonju on March 30, 201.

Criminal facts

On October 15, 2017, the Defendant, while under the influence of alcohol of 0.144% during blood transfusion, driven a section of about 500 meters from the front day of the funeral hall for sewage located in the area of the former North Korean forest site in the front day of the funeral hall for sewage of the former North Korean forest site, or from the front day of the restaurant, the Defendant driven a section of about 500 meters for the sewage of the former North Korean forest site in C Ireland to the front day of the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Notification of the results of regulating drinking driving;

1. A report on internal investigation (at the time of dispatch to the scene, etc.);

1. Investigation report (related to drinking);

1. Previous conviction: Application of a written inquiry, such as inquiry about criminal history, and other Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the provision of community service and lecture attendance order has a record of having been punished several times due to drinking driving, and there is also a record of being sentenced to suspended sentence.

Nevertheless, the defendant, who gets involved in driving under the influence of drinking, is subject to criticism.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the Defendant’s reflection, the Defendant’s age, sexual conduct, family relationship, environment, circumstances after and result of the crime, etc., and the fact that seven years have elapsed since the previous drinking driving, and the Defendant’s age, sex, family relationship, environment, circumstances after the crime, etc.