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(영문) 전주지방법원 남원지원 2018.11.27 2018고단240
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

On August 29, 2018, the Defendant driven a 4.5 ton truck truck with alcohol level of about 40km from around 40km to the age limit of 3516 to around 3516, the Defendant driven a 4.5 ton truck with alcohol level of about 0.14% from the 40km section in front of the Gandong cafeteria-si, Seosan-si, Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notice of the result of crackdown on driving drinking;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished twice due to driving of alcohol and one time due to the refusal to measure drinking, again led to the instant crime. The distance of driving of drinking of this case is considerably long, and the fact that the alcohol content in the blood of the defendant is not lower than that of the defendant is disadvantageous to the defendant.

However, the fact that the defendant reflects the defendant, and that the defendant has no particular criminal record other than the previous criminal record of a fine for the last ten years, the circumstances favorable to the defendant shall be considered, and the punishment shall be determined like the order, taking into account all the factors of the sentencing specified in the arguments in this case.

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