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(영문) 대전지방법원 2017.02.14 2016고단4067
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for six months.

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

[criminal history] On January 13, 2009, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and on January 16, 2012, the Daejeon District Court issued a summary order of KRW 7 million for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Causing Death or Injury).

[Criminal facts] On August 11, 2016, the Defendant driven B Poter truck under the influence of alcohol content of approximately 0.111% from a 200-meter section of the blood alcohol level from the front of the restaurant to the front of the same 21:42 day, at around 200 meters from the 200-meter section of the Taedong-gu Daejeon Seo-gu Daejeon, Daejeon.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a drinking, inquiry of the results of crackdown on drinking driving, and a written report of control;

1. Previous conviction: The application of Acts and subordinate statutes of inquiry about criminal history and investigation report (a copy of summary order);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is against the defendant; the defendant has no record of the crime committed in excess of a fine due to the same kind of crime; and the defendant's age, sex, environment, etc. shall be comprehensively considered to determine the sentence as ordered.

It is so decided as per Disposition for the above reasons.

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