beta
(영문) 전주지방법원 군산지원 2016.09.23 2016고단577

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 history] The Defendant was sentenced to a fine of KRW 700,000 for a crime of violating road traffic law at the Ulsan District Court on February 26, 2007, and was sentenced to a fine of KRW 1 million at the same court on November 26, 2007, and was sentenced to a fine of KRW 1 million for the same crime at least twice in the same court.

[2] On June 3, 2016, under the influence of alcohol content of 0.259% among blood transfusion around 02:20, the Defendant driven a BM7 car at the 1km section from the roads front of the trade name in the Gyeonggi-do Gun Gun Gun Gun Gun Gun Gun Gun, to the roads front of the U.S. Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written appraisal of alcohol among bloods;

1. Previous conviction in judgment: The application of a criminal history inquiry and a copy of a summary order under Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;