beta
(영문) 대구지방법원 김천지원 2016.08.10 2016고단444

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon Branch on March 4, 2009, and on April 6, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon Branch on April 6, 201.

Defendant, as seen above, was a person who violated road traffic laws not less than twice due to drinking, and was driving B B B in the state of under the influence of alcohol content 0.112% from a portion of about 500m alcohol level to the front road of a spoke apartment located in the Gu-U.S., Singu, Sin-si Do-dong on March 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on previous convictions and results of investigation);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 sentencing conditions indicated in the records of this case, including the following circumstances and the defendant’s age, sex, family relation, family environment, motive and means of crime, circumstances after the crime, etc., for the reasons of sentencing under Article 62-2 of the Criminal Act (or concurrent imposition of orders to attend a school in preparation for the restoration of driver’s license in the future) shall be determined as ordered by the court.

D. Unfavorable circumstances: The Defendant committed the instant crime even though he/she had been punished due to drinking driving several times (4 times of punishment, one time of suspended execution), and even if he/she had the record of punishment due to drinking driving. The blood alcohol concentration level is high.

The favorable circumstances: the defendant reflects his fault and does not repeat the crime such as disposing of the vehicle.

The crime of this case did not cause an accident.