beta
(영문) 전주지방법원 군산지원 2017.02.01 2016고단1119

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

On December 17, 2008, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (drinking driving) in the Gunsan Branch of the Jeonju District Court on December 17, 2008, and three million won due to a violation of road traffic law (drinking driving) at the Jeonju District Court on October 11, 2013, respectively.

The defendant is a person who is engaged in driving of the first car in C C.

On September 11, 2016, the Defendant driven the said car under the influence of alcohol content of 0.119% during blood transfusion at around 18:45 on September 11, 2016, and led to the intersection of the three-distance distance in front of the school in Songsan-si, Songsan-si, which is under the influence of alcohol level of 0.119% on the surface of the high school located within the jurisdiction of the day.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of a main driver as a result of blood appraisal;

1. Investigation report (related to calculation of the above dmark calculation);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The defendant, who has been subject to punishment twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, has repeated driving of alcohol, and the nature of the crime is not weak, and in particular, driving of alcohol is deemed to be a large accident while under the influence of considerable influence and physical exercise ability, and thus, is highly likely to cause serious harm to unspecified persons. However, although there are circumstances unfavorable to the defendant, the defendant is recognized and against his/her mistake, there is no record of being punished exceeding the fine due to the same crime, and all other circumstances constituting the conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc., the sentence is determined as per the order.

Part I of the crime. 1.