beta
(영문) 대전지방법원 천안지원 2018.09.06 2018고단1773

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

[criminal history] On September 4, 2009, the Defendant was issued a summary order of KRW 1 million for a violation of road traffic law at the Daejeon District Court's Support on September 4, 2009. On October 19, 2009, the Defendant received a summary order of KRW 3 million for a violation of road traffic law.

[2] On June 13, 2018, the Defendant driven a e-math truck under the influence of alcohol level of approximately 0.060% from the 10km section to the front road of the e-eth of the eth of the ethth of the eth of the eth of the ethth of the ethth of the eth of the eth of the ethth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes of inquiry letter, investigation report (the previous confirmation of the previous record), added summary order, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture has already been punished for the crime of drinking alcohol driving over several occasions. However, the fact that the defendant's mistake is recognized and reflects the defendant's mistake, the blood alcohol concentration level in blood is relatively low, and other various sentencing conditions such as the defendant's age, sexual behavior, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc. shall be determined as per the order.