(영문) 대전지방법원 2016.08.31 2016고단2143

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.08.31 2016고단2143

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On May 9, 2012, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic law in the official support of the Daejeon District Court on May 9, 2012. On April 25, 2014, the Defendant was sentenced to a fine of six months for a crime of violating road traffic law (drinking driving) at the Daejeon District Court on April 25, 2014, and completed the execution of the sentence at the Daejeon District Court on October 21, 2014.

[2] On June 17, 2016, around 01:40, the Defendant driven a car in C Tti-gu in the state of alcohol with approximately 0.148% alcohol concentration in blood at approximately 50 meters from the Do of Seo-gu, Seo-gu, Daejeon to the 34-ro, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. An explanatory note;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order and a copy of the judgment);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: Not only twice the record of the crime of drinking alcohol driving, but also twice the criminal record of the crime of the same kind of crime after being sentenced to imprisonment for six months, and then discharged from the prison for the same crime, again, the person driving the drinking again during the repeated crime period, and circumstances that are considerably favorable to 0.148% in the numerical value of drinking alcohol: The decision of the sentence is made that confessions and reflects the fact that the person would not drive the drinking again, and that again, the person must not drive the drinking again: the above circumstances are different from others, taking into account various sentencing conditions shown in the argument of the instant case, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime

참조조문

-형법 제35조

-형법 제53조

-형법 제55조 제1항 제3호

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