(영문) 수원지방법원 여주지원 2018.07.18 2018고단427

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2018.07.18 2018고단427

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 17, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the leisure support of the Friwon method, and was punished on May 24, 2013 by a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Friwon method support on May 24, 2013.

On March 27, 2018, the Defendant driven a vehicle with C low alcohol level of about 0.080% in the section of about 200 meters from the front day of the Spanish cafeteria 132 Libera to the front day of the Spanish elementary school in the same city, in the amount from the front day of the Spanish cafeteria cafeteria 200m of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant has been subject to punishment due to drinking driving; and (b) the Defendant committed the instant crime despite the fact that he/she was sufficiently aware of the fact that he/she has to not drive drinking while driving by proxy as an occupation.

The punishment shall be determined as per the order by considering the fact that the defendant is against the crime, the age, family relationship, health status, etc. of the defendant together.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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