beta
(영문) 청주지방법원 2018.09.13 2018고단533

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 May 8, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of road traffic law at the Cheongju District Court on the same day, and on September 22, 2015, as a crime of violation of road traffic law at the Busan District Court's Dong Branch Branch of the Busan District Court on the same day.

[Criminal facts]

1. On February 15, 2018, the Defendant, while under the influence of alcohol content of 0.075% from blood transfusion around 22:54 on February 15, 2018, driven Brocketing car at a section of approximately 100 meters from the front day of the Cheongju-gu Cheongju-gu Cheongju-dong Cheongju-dong office to the front day of the Cheongju-dong Cheongju-dong office.

2. On February 23, 2018, the Defendant driven the said vehicle at a section of approximately 300 meters from the front of a mutual influent restaurant located in the Geumcheon-dong, Kucheon-gu, Sinju to the front of the same city, under the influence of alcohol content of 0.051% among the blood transfusion around 21:45 on February 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, and statement of the situation of each driver;

1. References to inquiries, such as criminal history, and application of each summary order statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. In full view of all favorable circumstances, including the fact that the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized and mistakenly divided, that there is no record of criminal punishment heavier than fines, and that the blood alcohol concentration is not relatively high, and that drinking is repeated in a short period and in other unfavorable circumstances, such as the Defendant’s age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence is imposed.