beta
(영문) 대구지방법원 2017.10.26 2017고단2975

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 9, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on December 9, 2013, and on October 29, 2014, the Defendant was sentenced to a fine of KRW 5 million for the same crime and was sentenced to a fine of KRW 5 million in the same court on at least two occasions.

On May 13, 2017, the Defendant 22:03, while drinking alcohol content of 0.119% in blood, driving CK5 cars in the section of approximately 1km to the front of the Daegu District Court’s registration office located in the same Dong-ro 149, in front of the restaurant, which is not aware of the trade name near the new world department store located in the 149 Daegu Dong-ro, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected victims of violating traffic laws on roads;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 for Reduction of Quantity (Article 55) (Article 53 and Article 55 (1) 3 of the same Act (Article 55) has no history of punishment exceeding a fine for the same kind of crime, including where there is no history of punishment exceeding a fine, social relation is clear, serious reflect, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., grounds for mitigation of the aforementioned amount);

1. An order to attend a lecture under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection (limited to a violation of serious traffic Acts and subordinate statutes, and a systematic social treatment is required for the prevention of recidivism, the possibility of improvement of defendants, the seriousness of crimes, etc.);