(영문) 대구지방법원 포항지원 2016.04.07 2016고단51

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 포항지원 2016.04.07 2016고단51

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2009, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act at the Changwon District Court on the following grounds: (a) on June 15, 201, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act; and (b) on June 15, 201, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act at least twice.

However, on January 4, 2016, the Defendant driven a B B B B B B B B B m in the section of about 1km from the front side of the common bathing beach located in the north-dong, 0.118% of alcohol level among blood transfusions at around 01:45, to the front side of the common bathing beach located in the north-gu, Mapo-dong, Mapo-si to the front side of the mountain 35, located in the same coast.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to report criminal investigations (A), and other references;

1. Relevant provisions of the Act 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 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are two times a suspended sentence due to a crime that includes the driving of drinking alcohol, the fact that there has been two times a fine, the circumstances favorable to the fact that the drinking value is high: The fact that the driver does not cause a traffic accident due to a simple drinking driving, the fact that there is no criminal record, and the fact that there is no criminal

참조조문

-형법 제62조 제1항

-형법 제62조의2

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