(영문) 대구지방법원 서부지원 2018.10.12 2018고단1046

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(영문) 대구지방법원 서부지원 2018.10.12 2018고단1046

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 21, 2014, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and on June 25, 2010, issued a summary order of KRW 3 million for the same crime by the same court. On May 1, 2008, the Defendant received a summary order of KRW 1.5 million for the same crime at the same court.

On April 14, 2018, the Defendant driven Bone Star motor vehicle under the influence of alcohol leveling to 0.076% in the blood alcohol level, from the front of a mutually influent restaurant to the front road of a living hot spring in Jincheon-gu, Daegu-gu, Seocheon-gu, Daegu-gu, to the front road of a living hot spring in Jincheon-gu.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of drinking control, reports on the circumstances of drivers of drinking, and reports on the results of regulating drinking;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiries, such as investigation reports (verification of such past records), criminal history, etc.;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. In full view of all the circumstances, including the fact that there are many criminal records of the same kind of drinking driving on the grounds of sentencing under Article 62(1) of the Criminal Act, the fact that the defendant recognized his/her mistake and against himself/herself, the defendant does not repeat the crime, the fact that there is no criminal record exceeding the fine, drinking volume, the background of the crime, and the record of the crime, the sentence is

참조조문

-형법 제62조 제1항

유사 판례

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