beta
(영문) 대구지방법원 2017.03.30 2017고단800

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 13, 201, the Defendant was punished by a fine of 4 million won due to a violation of road traffic law (driving), etc. at the Daegu District Court on July 1, 201, a fine of 5 million won due to a violation of road traffic law (driving) at the same court on July 1, 2011, and the same court on July 24, 201, and two or more occasions of imprisonment with prison labor for the same offense, etc. at the same court on July 24, 2014.

[2] On January 18, 2017, the Defendant, while under the influence of alcohol leveling to 0.115% during blood transfusion around 08:30, driving a 3km section of approximately 3 km to the front of the Daegu Suwon-dong, Daegu-dong, as the compensation for the Daegu Suwon-dong government bonds, on the roads below the 0.15% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to previous rulings) and statutes;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: The defendant had a record of being punished for driving alcohol on a multiple occasions, and the above punishment records include a suspended sentence sentenced in 2014, but also committed this case.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.