(영문) 의정부지방법원 고양지원 2014.08.14 2014고단911

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2014.08.14 2014고단911

도로교통법위반(음주운전)등

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

At around 22:30 on April 21, 2014, the Defendant, without obtaining a driver’s license, driven B Poter vehicle at a distance of approximately 500 meters from the front of a cafeteria in the mutual influence in the vicinity of the happy-dong Hayang-dong, Seoyang-gu to the front of the same Western Village5 Complex, with a blood alcohol concentration of about 0.160%.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. A written consent to the collection of blood;

1. A written appraisal of alcohol in the course of blood;

1. A detailed statement of disposition to revoke a driver's license;

1. Application of Acts and subordinate statutes to written reports on running a driving house;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., committed again the crime of this case under the condition that the driver’s license was revoked even though the defendant had been punished for a total of three times due to drunk driving, considering the fact that the driver’s license was revoked, the blood alcohol content exceeds 0.160%, the defendant confessions the crime of this case, the fact that the defendant has no criminal record exceeding the fine, and other circumstances constituting the conditions for sentencing, such as the defendant’s age, character and behavior, the environment, and circumstances after the crime

참조조문

-도로교통법 제43조

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

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