beta
(영문) 대구지방법원 상주지원 2017.08.22 2017고단150

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On September 22, 2006, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act (drinking) or a violation of the Road Traffic Act (licensed driving) in the resident support of the Daegu District Court on September 22, 2006, and was sentenced to a fine of KRW 3 million for the same crime in the same court on June 18, 2010, and was sentenced to a fine of KRW 3 million in the same court on December 26, 2011, and was sentenced to a fine of KRW 5 million for the same crime in the same court on September 7, 2015, and was sentenced to a fine of KRW 5 million in the same court on April 19, 2016.

[2] On February 28, 2017, at around 12:50, the Defendant driven a c1 ton cargo vehicle under the influence of alcohol content of 0.095% while under the influence of alcohol without obtaining a driver’s license from around the road of the 1-lane Nakdongwon restaurant in the Sncheon-gu, Gyeongcheon-gun, Gyeongcheon-do to the road of the same route.

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 made by the police against D;

1. Inquiries about the results of the crackdown on the driving of drinking, inquiry into the main office, and inquiry into the difference;

1. The driver's license ledger;

1. A previous conviction: The defendant and his defense counsel asserted that a reply to inquiry, such as criminal history, investigation report (Evidence List No. 17), copy of the judgment, and the defendant and his defense counsel's assertion were committed against the crime of this case under mental and physical weakness when considering the mental state of the defendant.

I can see that the defendant is in a state of delay in the spirit of the middle class.

However, considering the defendant's behavior before and after the crime, the defendant committed the crime of this case under the mental and physical weakness.

It does not seem that it does not appear.

At the time of the instant case, the Defendant was aware of the developments leading up to driving alcohol at the time of the instant case and the process of regulating the police's drinking driving.

In addition, the defendant has driven a large amount of drinking.