(영문) 대전지방법원 2018.01.17 2017고단3694

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Reasons

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자간(%)

(영문) 대전지방법원 2018.01.17 2017고단3694

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 20, 2010, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Daejeon District Court on December 20, 201. On April 18, 2011, the Defendant issued a summary order of 1.5 million won for the same crime, etc. at the same court, and on September 10, 2015, issued a summary order of five million won or more for the same crime at the same court on September 10, 2015. On May 4, 2016, the Defendant violated the provisions on prohibition of drinking, such as receiving a summary order of five million won or more for the same crime, and completed the execution of the sentence at the Daejeon District Court on March 1, 2017.

Nevertheless, on September 4, 2017, the Defendant driven CMW car under the influence of alcohol content of 0.061% while under the influence of alcohol content in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same kind of power);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment: The circumstances that are favorable to the fact that the person committed the crime in question during the period of repeated crime, even though four times the criminal records of drinking driving, and that the person committed the crime in question during the period of repeated crime: The confessions and reflects; again, the person does not drive under the influence of alcohol; and the person who scraps his/her motor vehicle at the time that the person does not drive under the influence of alcohol; and the decision of the sentence that all the records of the above crime in driving under the influence of alcohol are fines: The above circumstances are different from others, taking into account various conditions for sentencing as indicated in the argument of the instant case, such as the defendant's age, sexual

참조조문

-형법 제35조

-형법 제53조

-형법 제55조 제1항 제3호

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