beta
(영문) 대전지방법원 천안지원 2015.06.18 2014고단1643

도로교통법위반(음주운전)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2009, the Defendant was sentenced to a summary order of a fine of one million won for the violation of the Road Traffic Act (driving on a drinking line) in the Goyang Branch of the Jung-gu District Court on March 15, 2009, the Defendant was sentenced to imprisonment on January 7, 2010 for August 8, 200, suspension of execution two years, and the community service order 160 hours on two or more occasions.

At around 11:40 on October 31, 2014, the Defendant driven a B-hurd motor vehicle with a blood alcohol content of about 0.148% in a 100-meter radius from the two Do-dong, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si to the front road of the 1063rd Do-do 1063.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement A and C;

1. Application of Acts and subordinate statutes to reports on detection of drivers and reports on circumstantial statements of drivers;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although it is one of the cases that a person subject to probation and order to attend a lecture commits a second offense on the grounds of sentencing in Article 62-2 of the Criminal Act, the sentence shall be imposed in consideration of the age, character and conduct, environment, etc. of the defendant and other circumstances.