(영문) 춘천지방법원 2019.01.30 2018고단1197

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2019.01.30 2018고단1197

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

On November 6, 2018, at around 00:29, the Defendant driven a F observer car with an alcohol level of 0.231% under the influence of alcohol level 0.231% from the upper street of “C convenience store” in Chuncheon City B to the front street of approximately 1.9km.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is the fact that the defendant was sentenced to a fine for drinking driving in 2015, and the blood alcohol concentration of the defendant was 0.194% higher at the time of committing the crime in 2015, and the fact that the blood alcohol concentration of the defendant was 0.231% higher at the time of committing the crime in this case, etc. are deemed an element for sentencing unfavorable to the defendant.

However, the fact that the defendant seems to have recognized the crime of this case and reflect on it, and that the crime of this case was committed by a simple drinking driving, and that the defendant submitted a written opinion stating the fact that the defendant would not have been able to drive a drinking again, etc., shall be considered as an element of sentencing favorable to the defendant, and all other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., which are conditions of sentencing as shown in the argument of this case, shall be determined as per the disposition

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

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