beta
(영문) 춘천지방법원 속초지원 2015.10.07 2015고단310

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 26, 2007, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Sungwon District Court's Sungnam branch on March 16, 2009, sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the credit support of the Suwon District Court on March 16, 2009, and on October 27, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) and was sentenced to two or more times of punishment for a violation of the Road Traffic Act.

At around 08:20 on March 4, 2015, the Defendant driven a car with approximately 13 km from the blood alcohol concentration of about 0.050% on the front of the Gosung-gun, Gosung-gun, Gosung-si, via the Young-si, Young-si, and the front of the above C, while under the influence of alcohol concentration of about 0.050%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: Imprisonment with prison labor for not less than six months, suspension of execution of two years, and probation period; the fact that blood alcohol content is low, confession, and reflects; and the defendant consistently stated that the previous math of alcohol was crackdownd less than the previous math of alcohol; in light of the enforcement time and place, the degree of blood alcohol concentration and the amount of alcohol concentration;