beta
(영문) 대구지방법원 서부지원 2016.04.29 2016고단122

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on September 4, 2006, received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law, and on January 15, 2013, received a summary order of KRW 5,00,000 as a fine for the same crime, etc. from the Western Branch Branch of the Daegu District Court on September 15, 201.

On December 13, 2015, the Defendant driven Ctra XG car under the influence of alcohol concentration of about 0.057% from the 4km to the front side of the white apartment road in the 15-lane, Seogu, Seogu, Seogu, Daegu, Seo-gu, and the 15-lane, Seogu, Seogu, Seogu, Seogu, to the upper side of the 86-do, Seogu, Seogu, Seogu, Seogu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is as follows: (a) although the Defendant was sentenced to imprisonment with prison labor for six months on June 25, 2015 for occupational embezzlement; (b) one year of suspended execution; (c) committed the instant crime during the grace period; and (d) was sentenced several times due to driving under drinking; (c) however, in consideration of the fact that the instant crime appears to have caused drinking on the preceding day; and (d) the amount of alcohol concentration in blood is not very high, the sentence of imprisonment with prison labor shall be imposed on the Defendant after deeming that it is too harsh.

The punishment shall be determined by comprehensively taking into account the various conditions of sentencing as shown in the instant case, such as the age, sex, environment, motive and means of the crime, and the circumstances before and after the crime.