(영문) 대구지방법원 2017.10.26 2017고단3641

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.10.26 2017고단3641

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 29, 2017, the Defendant driven B Mega B Mega, while under the influence of alcohol concentration of about 0.157% at a section of about 50 meters in front of the building of the Gu 25 Pung-ro 25 square meters, at the front of the Cuk-dong, Daegu, Daegu, Seoul, at around 03:28. The Defendant driven B Mega B Mega, while under the influence of alcohol concentration of about 0.157%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of the protection and observation and the sentencing of Article 62-2 of the Social Service Order Act, the punishment as ordered shall be determined in full view of the various sentencing conditions shown in the records and arguments of this case, including the following circumstances, Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime.

D. Unfavorable circumstances: the Defendant committed the instant crime even though he had been punished by imprisonment with prison labor, etc. for the same kind of crime and a different type of crime (the Defendant was punished four times for the same type of crime, and the Defendant was punished by imprisonment with prison labor for one time).

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

Defendant would not drive drinking again;

There are many things.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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