(영문) 대구지방법원 2016.12.15 2016고단4669

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.12.15 2016고단4669

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On May 30, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine in the same court on October 10, 2013, respectively.

【Criminal Facts】

On September 17, 2016, at around 05:02, the Defendant driven a BNS car with approximately 500 meters alcohol concentration 0.257% while under the influence of alcohol on the road in front of the “wholly Pedigu, Daegu Northern-dong,” located in the same Dong, from the road to the road in front of the North Cinna road located in the same Dong.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Before ruling: References to criminal records and application of Acts and subordinate statutes of two copies of a summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined by taking into account the following circumstances, such as the order of education and the order of community service.

Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of punishment for drinking driving twice.

The defendant's blood alcohol concentration is very high.

A favorable normal situation: The defendant again does not commit the same kind of crime.

참조조문

-도로교통법

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

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