(영문) 광주지방법원 순천지원 2019.03.27 2018고단2359

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 순천지원 2019.03.27 2018고단2359

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 March 10, 2011, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on March 10, 201, and on December 28, 2015, the Defendant had the record of violating Article 44 (1) of the Road Traffic Act on two or more occasions by receiving a summary order of a fine of two million won under the same crime in the same court.

On October 27, 2018, at around 23:44, the Defendant: (a) driven a car B while under the influence of alcohol content of 0.160%; and (b) driven a car from a mix with the trade name of the municipal ordinance-dong to the mix of municipal ordinance-making distance of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of criminal records and other inquiries and investigation reports (report accompanied by the summary order related to the previous records of sound driving) Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that there are several criminal records of the same kind of crime on the grounds of sentencing in Article 62-2 of the Criminal Act, the fact that the defendant's blood alcohol concentration at the time of driving of the instant case is considerably high, or that the defendant's recognition of crime and reflects the fact that the defendant has no record of being sentenced to suspended execution or more, and that there are no records of being sentenced to suspended execution or more, and the conditions of various sentencing

참조조문

-도로교통법

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

유사 판례

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