(영문) 부산지방법원 서부지원 2021.02.17 2020고단2141

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 서부지원 2021.02.17 2020고단2141

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

On June 21, 2010, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act at the Busan District Court, and on October 19, 2010, issued a summary order of three million won for the same crime at the same court.

On September 1, 2020, around 12:00, the Defendant driven a Chand car with alcohol content of about 130km from around 118 km to around 118 km in the south-west-gun, Haan-gun, Chungcheongnam-do, Busan-do, Busan-do, to the roads near the Defendant’s residence.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of suspect A same record);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture lies in the criminal act that the defendant had been sentenced to a fine for the same kind of criminal offense, and the amount of alcohol concentration among the defendant's blood, and the fact that the defendant is driving on an expressway in a drinking state and the risk that the defendant caused is considerable is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant that the defendant has no record of punishment heavier than the suspended sentence of imprisonment without prison labor.

In addition, the defendant's age, sex and environment, motive, background, means and result of the crime of this case, circumstances after the crime, and other conditions of sentencing as shown in the arguments of this case shall be determined as the sentence as ordered by considering the whole.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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