(영문) 대전지방법원 2016.04.07 2016고단199

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.04.07 2016고단199

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 2, 2016, the Defendant driven a cradic car as the Wodon in the state of alcohol alcohol concentration of approximately KRW 3 km in the front of a sexual heart hospital located in the Seo-gu Daejeon, Seo-gu, Daejeon, in front of a restaurant where it is impossible to know the trade name in the Seo-gu, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence and arrest of the case;

1. Notification of the results of regulating drinking driving;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Details of inquiries into the main entry report;

1. Application of the statutes governing photographs at the time of crackdown;

1. It is recognized that the reason for sentencing of Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts and Article 148-2(2)2 of the Act on the Selection of Alternative Punishment for the Defendant is that the Defendant repents his mistake, and that the Defendant should additionally be sentenced to the suspended ten-month punishment where the execution of the sentence becomes final and conclusive after having been sentenced to it.

However, in light of the fact that the Defendant committed the instant crime repeatedly without being aware of it within the period of suspension of execution due to the violation of the Road Traffic Act, even though he/she had been sentenced twice a suspended sentence for the same type of crime such as drinking and non-licenseing, and even though he/she had been sentenced six times a fine, and that the degree of alcohol level is not low, it is inevitable to punish the Defendant as a severe punishment for the Defendant.

In addition, in consideration of the defendant's age, sex and environment, motive, means and result of the crime, circumstances after the crime, etc. and the conditions of sentencing as shown in the trial process, the punishment shall be determined as ordered.

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