(영문) 의정부지방법원 2019.05.15 2019고단475

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.05.15 2019고단475

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four 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 December 19, 2018, at around 23:16, the Defendant driven a rocketing car in the state of alcohol alcohol concentration of 0.136% from the central station parking lot located in the Dongducheon-si, B, to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving, the report on the situation of drinking driving, and the statement on the state of drinking drivers;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for three to six months;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content 0.136%, driven a car at about 1 km under the influence of alcohol.

The defendant has been punished as a crime of violation of the Road Traffic Act by the lapse of 2003 and around 2011, and there are no other criminal records.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the blood alcohol concentration and distance of such accused; (b) the driving distance; (c) the content and distance of the previous penal records; and (d) the age and character of the accused; (b) family relationship; (c) motive and means of the offense; and (d) the circumstances after the offense; and (c) the life penalty of the prosecutor

참조조문

-도로교통법

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

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