beta
(영문) 창원지방법원 2017.09.27 2017고단2806

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 June 15, 201, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act at the Changwon District Court on March 21, 201.

[2] On July 24, 2017, the Defendant driven a DK5 vehicle under the influence of alcohol with approximately 0.153% alcohol concentration at a section of about 300 meters from the front of the Sung-dong Doppppian Do, Sungwon-si, Sungwon-si to the front of the central shooting distance in the same Dong to the road located in the same Dong.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation reports (verification of drinking driving records);

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 reason for sentencing under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the fact that he had been punished twice due to drinking.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

On the other hand, the distance of driving is not driving, and it did not lead to an actual accident.

The same criminal records as mentioned above have been sentenced to a fine, and there are no criminal records of suspension of execution or more.

A family with a family member to be supported can also be considered as a favorable situation.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.