beta
(영문) 제주지방법원 2016.10.12 2016고단1489

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】 On December 7, 2011, the Defendant issued, at the Jeju District Court, a summary order of KRW 1 million for the crime of violating the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime at the same court on June 10, 2015, respectively.

【Criminal Facts” around 17:10 on June 29, 2016, the Defendant driven a motor vehicle with blood alcohol content of about 100 meters from the 100-meter section, under the influence of alcohol content of about 0.183%, from the 17:10 on the 17:10 on the west-si west-si west-si west-do west-do west-do west-do west-do west-do.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C related to a traffic accident;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The actual condition survey report;

1. On-site photographs;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a summary order, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the following circumstances as the reasons for sentencing in Article 62-2 of the Criminal Act: The fact of crime is recognized and reflects the fact of crime, the degree of blood alcohol content is very high to 0.183% at the time of the occurrence of no record of criminal punishment heavier than the fine: The occurrence of an accident that shocks the road stone beyond the central line during the pertinent drunk driving; the occurrence of an accident that causes the shock of the road stone beyond the central line during the instant drunk driving; the occurrence of a history of criminal punishment on two occasions due to a violation of the Road Traffic Act: The defendant's age, character, conduct, environment, etc.;