(영문) 대구지방법원 2016.11.17 2016고단4359

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.11.17 2016고단4359

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On May 22, 2015, the Defendant was notified of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court. On July 10, 2014, the Defendant was sentenced to a suspended sentence for 8 months in the same court due to the same crime.

【Criminal Facts】

On September 1, 2016, the Defendant violated Article 44(1) of the Road Traffic Act two or more occasions, driving a C1t-on cargo vehicle under the influence of alcohol level of about 0.129% from around 5km to around 06:5 on September 1, 2016, the Defendant was under the influence of alcohol level of about 0.129% in the 5km section from the front side of the Defendant’s house located in Daegu Northern-gu B to the front side of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A ruling division: Application of two copies of Acts and subordinate statutes, such as criminal records, reply reports, and written judgments;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined by taking into account the following circumstances, such as the order of education and the order of community service.

Unfavorable circumstances: The defendant has been punished for drinking driving twice and the above punishment records include the suspended sentence sentenced in around 2014, but also committed this case.

A favorable normal situation: The defendant again does not commit the same kind of crime.

The defendant's drinking driving power is the whole of the judgment division.

참조조문

-도로교통법

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

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