beta
(영문) 춘천지방법원 원주지원 2019.10.16 2019고단668

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 13, 2006, the Defendant was sentenced to a summary order of 2.5 million won for the violation of the Road Traffic Act due to the violation of the Road Traffic Act, etc. in the Chuncheon District Court's original state support on November 13, 2006, and on January 20, 2015, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act for six months or more due to a violation of the Road Traffic Act.

Nevertheless, at around 08:30 on July 3, 2019, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of 0.158% in the section of approximately 8.5 km from the original city B to the front road of the same city C, from around 08:30 on July 3, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving, report 112 case handling table, and investigation report; and

1. Application of statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Although the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are favorable to the defendant, such as the fact that the defendant has a deep depth of his mistake, there are circumstances that are favorable to the defendant. However, considering the fact that the defendant had a criminal record of probation, including a criminal record of probation, and the time and distance of driving, the crime of this case is highly serious and its nature and circumstances in light of the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, occupation, family relation, health status, etc., the punishment of this case is determined as ordered by the disposition.