(영문) 대전지방법원 천안지원 2017.11.17 2017고단1876

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(영문) 대전지방법원 천안지원 2017.11.17 2017고단1876

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

On December 8, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking) from the Suwon District Court on the grounds of the violation of the Road Traffic Act, and on October 15, 2010, the Defendant received a fine of KRW 2.5 million by the same court on October 15, 2010.

On August 21, 2017, the Defendant driven B-low-income cars under the influence of alcohol leveling 0.061% from the 800m section around the post office located in Asan-si, Asan-si to the roads in front of Asan-si, Isan-si, in a state of under the influence of alcohol leveling 0.061% from the 80m section to the roads in front of Asan-si.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

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: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the instant trial proceedings, such as the fact that an order to attend a lecture was repeatedly sentenced to a fine twice due to the same kind of crime with the same reason for sentencing under Article 62-2 of the Criminal Act, the fact that it is against the fact that

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