beta
(영문) 대구지방법원 포항지원 2018.04.12 2018고단76

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

On June 9, 2009, the Defendant received a summary order of KRW 1.5 million from Daejeon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and on November 1, 2013 to a violation of the Road Traffic Act in the Daegu District Court's Daegu District Court's racing support, the Defendant received a summary order of KRW 2 million from a fine of KRW 1.5 million.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as seen above, the Defendant driven a B SP car at a distance of about 500 meters from the roads adjacent to the TW-dong in the south-gu upstream of the port of port to the roads adjacent to the TW-dong in the port of port in the state of alcohol level of 0.172% at around January 14, 2018, while under the influence of alcohol level of around 03:34, the Defendant driven a B SP car at a distance of about 500 meters from the roads adjacent to the port of port in the south-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at the main place of business, and report on internal investigation (Attachment to field photographs);

1. Response to a request for appraisal;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

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

1. Selection of an alternative imprisonment with prison labor (with the previous record of punishment twice due to drinking driving, considering the circumstances, such as the fact that the instant crime was committed again despite the fact that the blood alcohol concentration level is considerably high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Articles 55 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Do1488, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;