beta
(영문) 대구지방법원 2016.03.24 2016고단188

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On September 21, 2009, the Defendant was sentenced to a fine of KRW 2.5 million by the Daegu District Court for a violation of the Road Traffic Act (driving), KRW 4 million by the same court on June 17, 201, and a fine of KRW 3 million by the same court on September 23, 2011 due to a violation of the Road Traffic Act (driving).

[2] On December 6, 2015, the Defendant driven a B Sspo-type car from approximately 2 km to the front road of the 2km in the Gyeongcheon-si, Gyeongcheon-gu, Gyeongcheon-gu, Gyeongcheon-gu, Seoul, with alcohol level of 0.11% while under the influence of alcohol during blood on December 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous conviction: Application of a written inquiry about criminal history and a copy of a summary order;

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. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, sex, family, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking on several occasions.

A favorable normal situation: The defendant would not re-be forced to prevent re-offending.

There are many things.

The defendant is responsible for his family's livelihood.