beta
(영문) 의정부지방법원 2017.09.06 2017고단2457

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2007, the Defendant received a summary order of fines of two million won or more for a crime of violating the Road Traffic Act (drinking driving), and on February 11, 2014, the same court issued a summary order of five million won or more for the same crime.

On May 28, 2017, under the influence of alcohol content of 0.117% during blood transfusions around 20:3, the Defendant driven a 100-meter B rocketing car at the speed of 61 meters up to the front of the Eunpyeong-gun, Gyeonggi-do Hyeong-gun, under the influence of alcohol content of 0.17% during blood transfusions, and in front of the “Ahyeong-gu, Pyeongtaek-gun, Gyeonggi-do Down-gun, a Down-do Down car at the speed of 61 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant’s crime of drinking alcohol driving in this case with the reason of sentencing under Article 62-2 of the Criminal Act falls under Article 148-2(1)1 of the Road Traffic Act, where a person who had already been subject to criminal punishment twice or more times drives alcohol again, is subject to strict punishment for driving of alcohol;

The alcohol concentration in blood was very high when the instant crime was committed as well as when the previous punishment was imposed twice.

No more than a fine may be punished.

However, the defendant is remarkably divided, and the defendant is not subject to criminal punishment except for the previous conviction in the judgment.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.