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Reasons
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(영문) 춘천지방법원 2017.09.04 2017고단684
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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 June 14, 2007, the Defendant was sentenced to a fine of one million won for a violation of road traffic law (drinking driving) in the Daegu District Court’s support on the road traffic law, and on April 16, 2015, the Defendant was sentenced to a fine of three million won for a violation of road traffic law (drinking driving).

On June 29, 2017, around 3:26, the Defendant driven a C-T-T-T-W-W-W-W-W-W-C-W-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on a vehicle, report on the circumstances of a driver driving on a vehicle, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous judgment and related judgments);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relation, economic situation, circumstances before and after the crime, etc. shall be determined by taking into account the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend a lecture and order to provide community service order.

Re-driving at a disadvantage: The nature of the crime is bad and the minimum statutory penalty is one year, the most favorable circumstance is that the blood alcohol concentration is considerably high: The fact that the crime is recognized, the fact that the person actively cooperates in the investigation from the time of detection, and there is no criminal record exceeding the fine.

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