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전주지방법원 2019.07.12 2019고단283

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who drives a B MT car.

On 25, 2008, the Defendant was sentenced to a fine of KRW 3 million at the Jeonju District Court due to a violation of the Road Traffic Act (driving) on 25, 2008, and was sentenced to a fine of KRW 5 million at the Jeonju District Court due to a crime of violation of the Road Traffic Act (driving) on 29, 2012.

On December 14:00 on December 14, 2018, the Defendant driven the said vehicle under the influence of alcohol content of about 0.186% from the 10km section to the road front of the Jinanan-gun, if the trend of Jinan-gun, located in Jinan-gun, Jinan-gun, North Korea, by the time prior to the Yanansan-gun Forest, to the road.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the regulations on prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of criminal records);

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service and order to attend a lecture is that the defendant was sentenced to a fine twice (including a crime resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the same time includes a crime resulting from the death or injury of dangerous driving) due to drinking driving.

Considering the fact that drinking water is high, it is necessary to strictly punish the defendant.

However, considering the favorable circumstances, such as the fact that the defendant is not expected to repeat the crime, the fact that the defendant has no record of criminal punishment other than the above criminal records, and the fact that the defendant has yet to support his/her child, etc., the age, character and conduct, environment, motive and circumstance of the crime, and the crime.