beta
(영문) 대구지방법원 포항지원 2014.09.19 2014고단745

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

On June 19, 2014, around 00:18, the Defendant driven a B-car under the influence of alcohol by 0.179% in the section of approximately 1km from the 1km to the front of the police box located in the Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-dong, Chungcheongnam-gu, North Korea, at the port.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a drinking driver, a report on the circumstances of a drinking driver, and a report on the control of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, despite the fact that the Defendant had been punished twice or more during the last ten years due to drunk driving, again was discovered while driving a vehicle in drinking condition, and the fact that drinking water is considerably high, the liability for such crime is not easy.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's mistake is divided and reflected, there is no record of punishment exceeding a fine within the last ten years, and the defendant's age, character and conduct, environment, and circumstances after the crime, etc.