beta
대구지방법원 2016.03.31 2016고단186

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 September 7, 2010, the Defendant was sentenced by the Daegu District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving), and a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving) in the same court on December 16, 2013.

[2] On January 3, 2016, the Defendant, while under the influence of alcohol leveling 0.066% of the blood alcohol level from January 3, 2016, the Defendant driven Category B 2 cargo from approximately 1km to the front side of the second apartment site located in the north-gu Hagu, Chungcheongnam-gu, in which the trade name in the Dobong-gu, Daegu-gu is unknown, under the influence of alcohol leveling to 0.06% of the blood level around 21:05, to the end of the second apartment site located in the same city.

On February 4, 2016, at around 21:40 on February 4, 2016, the Defendant driven D AW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

Summary of Evidence

"2016 Highest 186"

1. Statement by the defendant in court;

1. "Inquiry about the results of crackdown on driving drinking, 2016 high group 707";

1. Statement by the defendant in court;

1. Inquiry about the result of crackdown on driving under drinking (pre-marketing department): Application of a written inquiry about criminal history and a copy of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 committed the crime of this case even though he had a record of punishment due to drinking on several occasions.

In particular, the Defendant.