beta
(영문) 대전지방법원 2017.05.31 2017고단881

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

The Defendant is a person who was sentenced to a fine of 3.5 million won at the Daejeon District Court on December 15, 2006 due to a violation of the Road Traffic Act, and was sentenced to a fine of 4 million won at the same time in the same court on February 20, 2012, and has violated the prohibition of drinking twice or more.

Nevertheless, at around 01:06 on February 17, 2017, the Defendant driven B vehicles under the influence of alcohol content of about 500 meters from the front of the Pauri-dong B-dong B-dong D-dong D-dong D-dong, Daejeon to the front of the Pauri-dong B-dong D-dong D-dong D-dong, the same Eup/Myeon-dong, to the front of the D-dong D-dong D-dong D-dong D-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Two times the criminal records of the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that drinking is considerably high, confession and reflective, and the fact that it was five years prior to the record of the last drinking driving crime shall be considered under favorable circumstances.