beta
(영문) 대전지방법원 천안지원 2016.11.08 2016고단1692

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 24, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act for one year and two months in the Daejeon District Court's branch on July 24, 2014, and on August 1, 2014, the said judgment became final and conclusive on August 1, 2014, and is currently in the period of suspension of execution, and on November 5, 2013, the Defendant received a summary order of KRW 1.5 million for the said crime, five times in total.

On July 3, 2016, the Defendant, as a person with the power of violating Article 44(1) of the Road Traffic Act two or more times, driven a motor vehicle for Eina at approximately 500 meters from the front of the “Cheonggu Seo-gu Seongbuk-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in the state of alcohol content 0.218% under the influence of alcohol at around 20:5.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The circumstantial statement of the employee;

1. Scenic photographs;

1. Previous convictions: References to criminal records and the application of Acts and subordinate statutes reporting criminal investigations;

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. The sentence was imposed in consideration of the following factors: (a) who was punished for the same kind of crime on several occasions for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) who committed a second offense during the period of suspension of execution; (c) the revocation of the suspended sentence of the preceding judgment upon which this judgment became final and conclusive; and (d) the Defendant is likely to have been detained for a long time due to the most prolonged detention