beta
(영문) 대전지방법원 서산지원 2017.01.17 2016고단721

도로교통법위반(음주운전)

Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On August 28, 2008, the Defendant issued a summary order of a fine of 1.5 million won for a violation of road traffic law at the Seosan Branch of the Daejeon District Court on August 28, 2008, and on September 7, 2012, the Defendant issued a summary order of a fine of 4.5 million won for a violation of road traffic law (driving of alcohol) at the Suwon District Court on September 7, 2012, and was punished twice or more for a violation of road traffic law (driving of alcohol).

On October 5, 2016, at around 21:10, the Defendant driven a C rocketing car with approximately 500 meters alcohol level 0.167% alcohol level from the front of the restaurant “Frighting date”, which is located in 2/13 of the Seosan City market 2/13, to the front of the 6-lane 24, the same time, from the front of the restaurant “Frighting date” to the road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

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

1. Although the suspended sentence under Article 62(1) of the Criminal Act requires a strict punishment repeatedly for driving under the influence of alcohol for the reason of sentencing, the sentence shall be imposed only once in consideration of all the sentencing conditions, such as the Defendant’s age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime, etc., and the sentence shall be determined as ordered.