beta
(영문) 의정부지방법원 2017.01.19 2016고단3857

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 5, 2007, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of road traffic law (drinking) in support of the Sungnam-gu Friwon method, and on April 16, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of road traffic law (drinking) from the Jung-gu District Court on April 16, 201.

On August 20, 2016, the Defendant driven on the front of the Cheongdong-dong Cheong-dong Human Resources, the government-based city around 23:10, a around 100 meters away from the section of about 100 meters, to the front of the Gong 1338 Sick Station, with alcohol content of about 0.261% during blood, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver of the main place of business, and statement of the alcohol concentration in blood;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

Although the defendant had already been punished twice or more due to drinking driving, he again drives the instant drinking, and the fact that the blood alcohol concentration is very high is disadvantageous.

However, the defendant's mistake is divided and there is no record of punishment exceeding a fine due to the same kind of crime, and the defendant's age, sex, environment, motive, means and result of the crime, and circumstances after the crime are discussed.