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(영문) 대전지방법원 홍성지원 2017.06.21 2017고단304
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On December 24, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law for a crime of violating road traffic law in the Daejeon District Court on December 24, 2014, and on August 28, 2015, the suspended sentence was revoked upon being sentenced to six months by the same court for the same crime, etc. on August 28, 2015. On July 29, 2016, the Defendant was released from a net prison on parole on July 29, 2016 and completed the execution of the said sentence on August 25,

Although the Defendant had a history of driving alcohol more than twice as above, on March 17, 2017, at around 20:00, the Defendant driven C Poter Cargo Vehicles with approximately 0.107% alcohol level from the 800-meter section of alcohol level to the front road of the Donnam Budget Eup, at around 1163 Donnam City, from the front road of the Donnam City, to the front road of the Donnam Budget Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Evidence List Nos. 10), application of Acts and subordinate statutes concerning personal confinement;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In full view of the circumstances below the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and all the conditions of sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment as ordered shall be determined.

The crime of this case was committed during the period of repeated crime due to the same crime.

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