beta
(영문) 대구지방법원 2016.06.09 2016고단783

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 26, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws at the Daegu District Court on December 26, 2012. On March 27, 2013, the Daegu District Court sentenced the Defendant to a suspended sentence of two years for a crime of violating road traffic laws. On July 23, 2014, the Defendant was sentenced to a suspended sentence of eight months for a violation of road traffic laws (driving without a license) and completed the sentence.

[2] On January 15, 2016, around 20:35, the Defendant driven B-house under the influence of alcohol concentration of about 0.118% in a section of about 15 meters from the street in front of the Jinju restaurant at the Jincheon-gun, Jincheon-gun, Jincheon-gun, to the street in the same area as that located on the same side.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of a written inquiry about criminal history, written judgment, personal identification, and current status of acceptance by each person;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. On the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: The defendant had a record of being punished for drinking driving on a multiple occasions, but has committed this case during the period of repeated crime due to the same kind of crime.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.