beta
(영문) 전주지방법원 정읍지원 2018.04.03 2017고단478

도로교통법위반(음주운전)

Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On January 15, 2009, the Defendant was punished by imprisonment with labor for a violation of road traffic laws in the Jeonju District Court's Eup branch, etc. on October 10, 2009; imprisonment with labor for the same crime at the Gwangju High Court on December 21, 2012; imprisonment with labor for a period of six months for the same crime; and imprisonment with labor for a period of two years for suspended execution; and three times for a violation of road traffic laws.

On October 20, 2017, the Defendant driven B 1 ton of alcohol while under the influence of alcohol at approximately 10km section from the front of the foreign currency conversion village to the front of the Heung-dong Child Care Center in the same military, the Defendant driven B 1 ton of alcohol while under the influence of alcohol at least 0.235% from the 10km section to the front of the Heung-dong Child Care Center in the military.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report, on-site photographs, investigation report (report on the situation of the driver in charge of driving), and notification of the results of regulating drinking driving;

1. On-site photographs;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the same criminal record and confirmation of the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The grounds for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of weight have been punished several times due to drinking alcohol driving, and the same crime has been committed again even if the defendant was placed prior to the second suspended sentence, and there is no yet any punishment, and the punishment is determined by comprehensively taking into account various factors for sentencing, including the degree of alcohol level during blood transfusion, the defendant's age, family relationship, occupation, environment, etc.