beta
(영문) 춘천지방법원 원주지원 2017.12.06 2017고단972

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 22, 2015, the Defendant was sentenced to four months of imprisonment due to a violation of road traffic law (unlicensed driving) in the Cheongju District Court Support on January 22, 2015, and completed the enforcement of the sentence in the Chungcheong detention center on May 21, 2015.

On April 29, 2010, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving), and on November 23, 2012, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court on November 23, 2012.

On March 19, 2017, the Defendant driven a DNA cargo vehicle with approximately 60km alcohol content of 0.152% while under the influence of alcohol at approximately 0.152%, from the Defendant’s house located in Haju-si, Haju-si to the point of 80km in Haju-si, Hoju-si, Haju-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Records of judgment: Inquiry about criminal history, investigation report (the previous and attached documents and the fact that the period of repeated crime is in existence), status of personal confinement, and application of the text of judgment;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive of the crime, and circumstances after the crime, as follows, shall be determined in light of the reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the following conditions favorable to the sentencing), and other circumstances as stated in the records.

The favorable circumstances: The mistake is recognized and reflected.

Unfavorable circumstances: the Defendant has been punished for drinking or non-licensed driving, etc. on several occasions (including the suspension of two times of suspension of execution and the first head of the judgment).