(영문) 대전지방법원 홍성지원 2013.10.25 2013고단759

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2013.10.25 2013고단759

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:00 on August 26, 2013, the Defendant driven a BM5 vehicle while under the influence of alcohol content 0.137% of alcohol, from the front of the restaurant to the front of the new Ambassador distance in Bocheon-si, Bocheon-si, Bocheon-si. The Defendant driven a BM5 vehicle under the influence of alcohol content 0.137%.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the notification of the results of the drinking driving control and the circumstantial statement of drinking drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, despite the fact that the defendant had been already punished several times for the same kind of crime, and the drinking driving is a dangerous crime threatening not only to himself but also to another person's life and property, and the nature of such crime is serious, there is a need for a strict punishment for the defendant.

However, the execution of imprisonment shall be suspended only once, taking into account the following circumstances: (a) the Defendant appears to have recognized the instant crime and are against the truth; (b) there was no further accident, such as causing physical injury to another person due to the instant drunk driving; (c) the distance of the Defendant’s driving is relatively short; and (d) the Defendant’s age, character and conduct, and environment, etc., which are conditions for sentencing indicated in the instant case; and (c) there is a need to prevent the risk of recidivism in the future by allowing the Defendant to have a view of the importance of compliance driving and to have an opportunity to self-effort it; (d) as such, the Defendant is placed on probation at the same time

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

-형법 제62조 제1항

-형법 제62조의2

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