(영문) 대구지방법원 2017.01.12 2016고단5047

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(영문) 대구지방법원 2017.01.12 2016고단5047

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On June 3, 2010, the Defendant was notified of a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) at the Seo-gu District Court Branch Branch of the Daegu District Court. On May 26, 2014, the Defendant was notified of a fine of KRW 1,00,000 for the same crime in the same court.

[2] On October 2, 2016, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and driven B-low-scale car under the influence of alcohol concentration of about 0.059% from the 1km section to the front day of the flow distance from the road located in the Han-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu, Seoul Special Metropolitan City, on October 2, 2016, when the Defendant was under the influence of alcohol concentration of about 0.059%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions in judgment: A reply to inquiry, investigation report, and application of summary order statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age

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