beta
(영문) 대구지방법원 2017.06.01 2017고단1779

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

[criminal history] On March 18, 201, the Defendant received a summary order of a fine of KRW 4 million for a crime of violating road traffic laws at the Daegu District Court on March 18, 201. On September 1, 201, the Defendant is a person who has been sentenced to imprisonment for 8 months and 2 years of suspended execution on two or more occasions due to a crime of violating road traffic laws in the same court.

[2] On March 17, 2017, the Defendant driven a D-E-sports cargo vehicle under the influence of alcohol leveling to about 0.208% of alcohol leveling from about 50 meters to about 50 meters from around 60-4, 5-7, 5-NN road of the same Eup/Myeon from around 50 meters to the 50-7, 5-NN road of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of each one of the Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentencing conditions indicated in the records of this case, such as the protection and observation as well as the reasons for sentencing under Article 62-2 of the Social Service Order Act, and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the circumstances constituting the sentencing conditions indicated in the records of this case.

Unfavorable circumstances: The defendant has been punished for drinking or refusing to take a drinking test on several occasions, and the above punishment records include the suspended sentence sentenced in 2006 and 2011, but also committed this case.

The defendant's blood alcohol concentration is very high.

In favorable circumstances: The defendant has not been forced to drive drinking for a considerable period since around 2011.

The defendant again does not commit the same crime.

There are many things.