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대전지방법원 서산지원 2017.07.07 2017고단342
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 13, 2016, the Defendant, at the Seosan Branch of the Daejeon District Court, issued a summary order of a fine of two million won or more for a violation of road traffic law (driving alcohol), and on October 2, 2015, a fine of 1.5 million won or more for the same crime, respectively, on two or more occasions. On April 29, 2017, the Defendant driven a B rocketing car under the influence of alcohol concentration of 0.106% in the front road of the Seosan Civil Center located at a rate of 11:15,00,00 in Seosan-si, 11:23-5,00 in the same city culture, from around 2km to the front road of the Seosan Civil Center located at a rate of 11:23-5,000 in the same city culture.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to inquiries, such as a fact-finding survey report, a state driver's circumstantial statement, and criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is unfavorable that a suspended sentence repeats the same kind of crime in a short period of time with the reason for sentencing under Article 62(1) of the Criminal Act.

However, the sentence is determined as ordered by taking into account all the sentencing factors shown in the pleadings of this case, such as the Defendant’s age, environment, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., in which there is no previous conviction except for the previous conviction.