beta
(영문) 전주지방법원 정읍지원 2018.04.17 2017고단446

도로교통법위반(음주운전)

Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On August 3, 2017, at around 01:00, the Defendant driven a chump car at approximately 2 km section, while under the influence of alcohol content of at least 0.159% in alcohol level, from around 01:0 to around 11:00 to the front way of the Gidong Village Center in the same Eup.

Summary of Evidence

1. Statement of the witness D;

1. Notification of the results of regulating the driving of drinking, and output of the details of using the measuring instruments for drinking;

1. Application of the Acts and subordinate statutes, such as CCTV image data (where evidence submitted, such asCCTV image data, it shall be sufficiently proved that the defendant has driven a alcoholic beverage while drinking);

1. It shall be taken into consideration in light of the circumstances in which the defendant has no record of punishment sentenced to a suspended sentence or heavier punishment for the reason of the pertinent Article of the Act regarding the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act regarding the selective sentencing of imprisonment, and Article 148-2 (2) 1 of the Act on

However, although there is clear evidence, the defendant is consistent with the reasoning that is difficult to understand, and does not reflect the crime.

From this point, there is a possibility that the defendant will repeat the crime.

In addition, the punishment shall be determined by comprehensively taking into account the sentencing factors, such as the defendant's age, criminal records and environment.