(영문) 춘천지방법원 원주지원 2019.09.19 2019고단698

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 원주지원 2019.09.19 2019고단698

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

At around 02:10 on July 2, 2019, the Defendant driven a Fcopi-sports cargo vehicle at a section of about 170 meters in front of the “E” located in the original city B, while under the influence of alcohol of 0.220% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to the investigation report (Report on the status of an employer driver);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as follows:

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the statutory punishment for the drinking-driving crime has been continuously aggravated due to serious social harm caused by drinking-driving and changes in the legal sentiment of the general public, etc., the crime of drinking-driving is in need of strict punishment.

Defendant driven under the influence of alcohol of 0.220%, and has caused traffic accidents.

(Real damage part is not prosecuted because the vehicle operated by the defendant is covered by the motor vehicle comprehensive insurance. The favorable circumstances: the defendant has no record of being punished by imprisonment with prison labor or more severe punishment.

Defendant reflects the instant crime.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제3항 제1호

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