(영문) 제주지방법원 2013.09.27 2013고단1040

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(영문) 제주지방법원 2013.09.27 2013고단1040

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On December 19, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) at the Jeju District Court on December 19, 2008, and on September 9, 2010, the above court was sentenced to imprisonment with prison labor for the same crime and for the two-year suspension of execution.

On July 17, 2013, around 16:20 to 16:30, the Defendant driven a e-wing truck with a blood alcohol content of 0.195%, from the “D” road in front of the Defendant’s operation in Jeju-si, to the “YYY” road located in C, the Defendant driven a e-wing truck at the 2km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on drinking driving, inquiry reports including criminal records, and the application of Acts and subordinate statutes (Evidence List 11);

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing specified in Article 51 of the Criminal Act), taking into account the following circumstances into account: The recognition of the facts of crime; the fact of crime was recognized; the fact that if the defendant is detained, his dependents, etc. are likely to suffer excessive difficulty: the high blood alcohol concentration; the fact that there is a high level of suspended execution of the same kind of crime; and the fact that there is a criminal record of the same suspended execution; the fact that there is a criminal record of the same kind of crime: It is decided as the

참조조문

-도로교통법

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

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