(영문) 대구지방법원 서부지원 2018.01.18 2017고단1448

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자간(%)

(영문) 대구지방법원 서부지원 2018.01.18 2017고단1448

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

On September 2, 2008, the Defendant was sentenced to a summary order of a fine of one million won or more for a crime of violating road traffic laws (drinking driving) at the Seog branch of the Daegu District Court on September 2, 2008, and on October 25, 2013, the Defendant was sentenced to imprisonment for a violation of road traffic laws (drinking driving) at the main branch of the Chuncheon District Court on October 25, 201, and was sentenced to a suspended sentence of two years or more.

On June 14, 2017, the Defendant driven a car with low alcohol level of about 0.151% from the blood alcohol level around 00:30,000, to the e-mail of the same e-mail located in the e-mail in the main Dong of the Daegu Seo-gu, Seogu to the e-mail of the same e-mail in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (list of evidence 15);

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

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

1. As stated in the reasoning of sentencing in Article 62-2 of the Social Service Order Criminal Act, the fact that there are records of the same punishment twice, the fact that drinking values are considerably high is considered as the circumstances unfavorable to the defendant, and the fact that there is no same record within three years, shall be considered as the circumstances favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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