beta
(영문) 대구지방법원 2014.10.07 2014고단4128

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On September 27, 2006, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on July 3, 2008, a summary order of KRW 3 million for a fine due to the same crime in the same court on July 3, 2008, and a summary order of KRW 3.5 million for the same crime in the same court on July 23, 2008, respectively.

[Criminal facts] The Defendant, while under the influence of alcohol content 0.107%, driven a BP car for about 100 meters from the front day of the convenience store in which the trade name in the Gu-gu Northern-dong cannot be known, Daegu Northern-dong on July 27, 2014 to the front day of the same Gu-UP car at approximately 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the result of the crackdown on drinking driving, and a statement on the state of drinking drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to previous records, written judgments, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant is a person who has been punished several times due to drinking alcohol and is found to have been found while driving a vehicle in drinking condition.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered by taking into account the following factors: the defendant's mistake, the driving vehicle is sold, and the defendant's age, character and conduct, environment, and conditions