beta
(영문) 대전지방법원 논산지원 2016.11.04 2016고단364

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 October 29, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Daejeon District Court Seosan Branch of Daejeon District Court, and a summary order of KRW 3 million for the same crime in the same court on March 11, 2015, respectively.

【Criminal Facts】

On July 28, 2016, at around 23:00, the Defendant driven a B Car with blood alcohol concentration of about 0.206% in the section from the front of the Giuri Apartment apartment in Seosan-si to the front road of the same So-called So-called B car in the state of alcohol alcohol concentration of about 10 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Notification of the results of crackdown on drinking driving and the circumstantial report of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. 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 fact that the defendant for sentencing under Article 62-2 of the Criminal Act committed the instant crime once again even though he/she had the record of being punished twice as the same crime, and that the defendant's blood alcohol concentration level at the time of driving is high, it is necessary to strictly punish the defendant.

However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant reflects the wrong, the driving distance is short, the defendant has no criminal records of probation or heavier, and the defendant has no criminal records of probation or heavier, and the defendant's age, character and behavior, environment, circumstances after the crime,