(영문) 수원지방법원 여주지원 2018.04.11 2018고단164

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2018.04.11 2018고단164

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

【The Defendant issued, on October 31, 2006, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) in support of the Sungnam branch of Suwon branch, and on May 16, 2014, a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) was issued, respectively.

【Criminal fact-finding on February 13, 2018.23:03, the Defendant driven BFD car with approximately 2 km alcohol content of about 0.182% while under the influence of alcohol from the 2km section to the road in front of the southwest-si, Echeon-si, Echeon-si, in front of the non-cafeteria-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver working at the home, report of the circumstances of the driver working at home and report of the circumstances of the driver working at home;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 three times the records of punishment due to drinking driving in the past. The risk of recidivism is high, and the amount of alcohol concentration at the time of the crime of this case is considerably high.

The punishment as ordered shall be determined in consideration of the age, environment, motive, circumstances, etc. of the defendant.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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