beta
(영문) 청주지방법원 제천지원 2015.10.29 2015고단422

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The defendant, at the Cheongju District Court Support on April 25, 2007, has a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on November 11, 2008, a person who had been sentenced to a suspended sentence of six months for the same crime in the same court.

【Criminal Facts】

On July 9, 2015, at around 12:30, the Defendant driven a C-wing truck with a blood alcohol concentration of about 0.054% at the 4km section from the Do in front of the Cheongju-dong High-dong High-si High-si High-si Scam Livestock to the same Cheongdong-dong Cheongwon-dong Do.

Summary of Evidence

1. Statement of the Defendant’s legal statement 1.D (Simplified traffic) 1. Report on the Control of Drinking Driving, Report on the Control of Drinking Driving, Report on the Control of Drinking Driving, and Report on the Control of Drinking Driving;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times due to drinking driving, and even before the probation period has been expired, the crime of this case is disadvantageous to the defendant. The defendant is led to the confession of the crime of this case and the facts that the defendant is against the defendant are favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.