beta
(영문) 춘천지방법원 2015.03.31 2014고단1155

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

At around 00:40 on October 22, 2014, the Defendant driven a motor vehicle cgallon in a section of approximately 0.2 K cgalm from the front day of the 64-gu Gyeyang-dong 201, both Eup/Myeon, to the front day of the Dong-gu Police Station located in the same Eup/Myeon-dong 64-ro, both Eup/Myeon-dong 0.2K.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The reason for the sentencing of Article 62-2 of the Criminal Act (the imposition of an order to attend a probation and compliance driving lecture to prevent recidivism, taking into account the repeated driving of drinking, such as a trial run before the market) was that the Defendant was sentenced to imprisonment for eight months on January 7, 201 for the crime of violation of the Road Traffic Act, etc., and committed the crime of this case repeatedly without making efforts to improve his character and behavior even though he had been sentenced to a suspended sentence of imprisonment or a fine for the same crime, even though he had been sentenced to imprisonment for the same crime, it seems that the Defendant’s legal order seems that the level of light of the law and order of the Defendant seems to be serious, and the drinking driving is a dangerous crime that may injure the lives or bodies of ordinary citizens, it is inevitable to punish the Defendant with severe punishment.

However, there are extenuating circumstances to take into account the circumstances of drinking driving and the process of detection, such as the defendant's self-driving upon another person's request and the search for the police station for the measurement of drinking, etc., his/her mistake is pened with depth and reflects his/her mistake, and the defendant is economically in a difficult situation and has children to support, etc., and favorable circumstances, the defendant's age, character and character, environment, and environment.