beta
(영문) 대구지방법원 상주지원 2018.06.26 2018고단117

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On April 2, 2010, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating Road Traffic Act (drinking) in the resident support of the Daegu District Court on April 2, 2010, and a fine of KRW 3 million as a same crime in the same court on December 18, 2014.

[2] On April 18, 2018, the Defendant, while under the influence of alcohol 0.164% during blood transfusion, driven B truck from the section of about 14 km to the front road of the opening 2882 at the 1406 km away from the 699 west-ro, the west-ro, the west-ro, the west-ro, the front of which is 699, to the west-ro, the west-ro, the front of which is 2882, as at the time of resident stay, to the front road of the resident gas.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking;

1. Report on the occurrence of a traffic accident;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (No. 17 No. 5 of the evidence list);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant continues to drive alcohol for a few consecutive years; (b) the level of drinking driving in this case is considerably high; (c) the driving distance is also high; and (d) the driving in a drinking state causes the traffic accident of the facility while driving the facility.

However, it shall be considered in favor of the defendant that the defendant recognizes and reflects the crime.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the defendant's age and family relations, shall be determined as per the disposition.