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전주지방법원 2017.03.21 2016고단2269

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 August 30, 201, the Defendant was issued a summary order of KRW 2,50,00,000 by the Jeonju District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on July 24, 2014, by the same court, for the same crime.

On December 2, 2016, at around 00:39, the Defendant driven C Au Q5 car while under the influence of alcohol concentration of about 0.063% at a distance of about 200 meters from the ro-ray parking lot located in the same Dong from the e-mail stm to the front road of convenience stores in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Reference to inquiries, such as criminal history, reporting on the results of confirmation before and after a previous conviction, reporting on criminal facts subject to Acts and subordinate statutes applicable to investigation reports ( reporting on filing of a summary order related to drinking driving), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act chosen for punishment, and selection of imprisonment;

1. Taking into account the following circumstances: (a) observation of Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 55(1)3 of the Act on the Mitigation of Small Quantity; (b) the Defendant’s reason for sentencing under Article 62-2 of the community service order and lecture order under Article 62-2 of the Criminal Act is against the Defendant; and (c) the Defendant has been punished by a fine on three occasions due to drinking or non-exclusive driving; and (d) the Defendant has been punished by a fine on several occasions due to a violation of road traffic law;