(영문) 대전지방법원 2018.07.19 2018고단1714

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.07.19 2018고단1714

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of three million won for a violation of road traffic law at the Daejeon District Court on August 6, 2008, and a person who was sentenced to a suspended sentence of two years for October due to a violation of road traffic law in the Daejeon District Court's support on June 14, 2013.

[Criminal facts] On May 5, 2018, the Defendant driven C rocketinga car under the influence of alcohol content of about 0.221% at the section of approximately 5km from the four distance near Sungnam-dong, Daejeon-dong, Daejeon to the 1217-ro, Jung-gu, Daejeon-dong, Daejeon-dong, while under the influence of alcohol content of about 0.221%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control, each photograph, notification of the results of crackdown on drinking driving, statement of the situation of the driver who is placed in driving, and investigation report (report on the situation of the driver who is placed in driving);

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to investigation reports (Attachment to the same type of crime records);

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. The sentencing conditions stated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Articles 53 and 55 (1) 3 of the Criminal Act that reduce the amount of punishment, shall be determined as ordered by taking into account the following circumstances:

The favorable circumstances: The fact that the confession is against the other party while making a confession, and the fact that the prevention of recurrence is done disadvantageous to the other party: The fact that even though there are several records of the punishment for the drinking driving, it seems that the awareness of the driving of the same kind of drinking is insufficient, such as repeated passing of the crime of this case, it is very high in the drinking value, and the distance of driving

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

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