beta
(영문) 전주지방법원 2020.09.15 2020고단835

도로교통법위반(음주운전)

Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 28, 2018, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

On March 29, 2020, at around 06:40, the Defendant driven a D-do car under the influence of alcohol concentration of about 0.114% from the 5km section from the Jinjin-gu B apartment road in Jeonju-si to the front road in Jeonju-gu, Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, report on the scene of an accident, photographs of accident-related vehicles, and report on the results of

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

Unfavorable circumstances - The defendant's blood alcohol concentration is high at the time of committing the instant crime.

- The defendant suffered a traffic accident while driving under the influence of alcohol as stated in its reasoning, and even if there was no loss of human life, the degree of the accident is not insignificant, and the risk of traffic safety caused by the defendant's act significantly increased.

- The Defendant has been subject to criminal punishment for the same kind of crime two times prior to that time.

There shall be no history of criminal punishment exceeding the fine previously imposed on the defendant.