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(영문) 대구지방법원 영덕지원 2018.02.09 2017고단290
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2009, the Defendant received a summary order of a fine of one million won or more as a crime of violating the Road Traffic Act at the Busan District Court on May 28, 2009, and on July 25, 2012, the Defendant received a summary order of a fine of 1.5 million won or more for the same crime at the same court and received a summary order of 1.5 million won or more

On November 14, 2017, at around 13:58, the Defendant driven B Poter in the state of alcohol alcohol concentration of about 15km from the 15km section to the epoch intersection located in the territorial sea of the same military, from the epoch in the territorial sea, to the epoch in the Yong-gu, Young-gu, Young-gu, Young-gu, Chungcheongnam-do.

Summary of Evidence

The defendant's statutory statement detection report on violation of the Traffic Act (drinking driving), notification of the result of crackdown on drinking driving, the driver's statement report, the driver's license register, the driver's license report (the driver's report in the primary situation), the investigation report (the case of correction of the distance driving), and previous records of the judgment: He shall be determined in consideration of the defendant's age, character, environment, motive and consequence of the crime as well as the following circumstances of sentencing under Article 62-2 of the Social Service Order Act, Article 62-2 of the Act on the Suspension of Execution of Sentence 3 of Article 55 (1) of the Criminal Act, Article 148-2 (A) applicable to the criminal facts subject to criminal records, such as criminal records, and Article 148-2 (1) 1, Article 444 (1) of the Road Traffic Act (the previous history confirmation), applicable to the crime subject to the investigation report (the selection of imprisonment).

Unfavorable circumstances: The circumstances that are advantageous to the fact that the nature of the crime is not good because of the fact that he/she has been sentenced three times to a fine due to drinking driving, although he/she had a record of being sentenced to a fine: The defendant is recognized to commit the crime, and the degree of his/her

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