beta
(영문) 대구지방법원 2016.11.24 2016고단4444

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

[criminal power] On November 13, 2012, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch of the Daegu District Court on November 13, 2012; and on December 29, 2010, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On September 12, 2016, the Defendant, as a person with two or more times of drinking driving skills, driven a B-coo motor vehicle with approximately KRW 500 meters of alcohol content 0.077% under the influence of alcohol content from the roads in front of a mutually influent restaurant located in Tae-dong, Tae-gu, Daegu to the roads in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the number and time of punishment for the same kind of crime; the numerical value of blood alcohol concentration at the time of driving under the same case; the defendant's age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of various factors of sentencing as shown in the argument of this case.