(영문) 대구지방법원 2017.03.16 2016고단4943

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(영문) 대구지방법원 2017.03.16 2016고단4943

도로교통법위반(음주운전)

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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

[criminal history] On May 16, 2013, the Defendant issued a summary order of KRW 5 million to a fine of KRW 5 million for a crime of violating the Road Traffic Act in the Seo-gu District Court’s branch branch branch on May 16, 201, and a summary order of KRW 700,000 for the same crime at the Daegu District Court on July 19, 201.

[2] On September 29, 2016, Defendant 1, who had a drinking alcohol driving force twice or more as above, driven the first car in B in the state of alcohol alcohol concentration of about 2 km from the front of the restaurant in front of the GS25 city convenience store in the name of the same Gu to the front of the convenience store in GS25 city, which is located in 27-1 in the name of the same Gu, on September 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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

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 grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age

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