beta
(영문) 전주지방법원 군산지원 2017.08.09 2017고단701

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 13, 2008, the Defendant is a person who has driven under the influence of alcohol at least twice after receiving a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act (drinking) in the Gunsan Branch of the Jeonju District Court on November 13, 2008, and the same court issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking) in the same court.

On May 24, 2017, at around 20:10, the Defendant driven a B-hurd motor vehicle with a alcohol content of approximately 0.105% from around 67 km-ri, Seocheon-gu, Chungcheongnamcheon-gu, Chungcheongnamcheon-do to the front road of about 106, Seosan-dong Hyundai Apartment 100-dong, Sinsan-si, Sinsan-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, inquiry of the results of crackdown on the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of suspect drinking driving records), and application of two copies of the decision of the relevant summary order;

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. The defendant, who has been punished twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, has repeated driving of alcohol, and the nature of the crime is not weak, and in particular, driving of alcohol is deemed to be a large accident by driving under the condition that the exercise ability of caution and body is significantly deteriorated and thus, is highly likely to cause serious harm and injury to an unspecified person. However, although there are circumstances unfavorable to the defendant, the defendant is recognized of his/her mistake and reflects on the defendant's age, sexual behavior, environment, etc., and all other circumstances constituting the condition of sentencing, such as the defendant's age, sex, and environment, the sentence