(영문) 대구지방법원 2016.03.31 2016고단341

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자간(%)

(영문) 대구지방법원 2016.03.31 2016고단341

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 March 10, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on March 10, 2008, and a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on January 13, 2014.

[2] On December 3, 2015, the Defendant driven a eF rocketing car from the front side of the Hayang-gu apartment site located additionally in the Jinyang-gu Seoul Special Metropolitan City Gyeongyang-do 0.191% of alcohol level among blood transfusion around 02:40 on December 3, 2015, to the front side of the 604-1 of the same Sinyang-gu Hayang-gu Hayang-dong 604-1, and from the 3km section to the front side of the mame.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of a written inquiry about criminal history and a copy of a summary order;

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. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking on several occasions.

The number of alcohol concentration among the blood of the defendant is very high.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

There is no criminal history above the suspended sentence against the defendant.

참조조문

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