(영문) 대전지방법원 2018.01.29 2017고단4360

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(영문) 대전지방법원 2018.01.29 2017고단4360

도로교통법위반(음주운전)

Text

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

On September 6, 2012, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Daejeon District Court on September 6, 2012, and was sentenced to a fine of five million won for the same crime in the same court on April 20, 2015, and was in violation of the prohibition of drinking regulations on two or more occasions.

Nevertheless, on September 27, 2017, around 21:45, the Defendant driven a Cunstun vehicle under the influence of alcohol concentration of approximately 2 km from the front of the non-cafeteria-dong located in the Daejeon Seodong-gu, Daejeon to the front of the dry field area located in the Daejeon Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Report on the situation of driving, the driver’s license ledger, and the manual for enforcement of the vehicle;

1. Written inquiry about criminal history, etc.;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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. Despite the majority of the grounds for sentencing under Article 62-2 of the Criminal Code of the Social Service Order, when considering the repeated driving of drinking and the high drinking level, etc., the defendant should be punished strictly. However, the fact that the defendant is recognized of mistake and reflects the fact that the defendant's age, sex, family environment, etc., and all of the sentencing conditions shown in the records, such as the defendant's age, sex, family environment, etc., shall be determined

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