(영문) 춘천지방법원 원주지원 2017.12.21 2017고단1036

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 원주지원 2017.12.21 2017고단1036

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 May 29, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the original Chuncheon District Court's original branch on May 29, 2007, and a summary order of KRW 2.5 million for the same crime at the same court on March 20, 209.

On October 7, 2017, the Defendant driven a B-learning car at a section of about 2 km from “858 main points,” which was located on the 52-lane in the Nowon-si Park in the Hanju-si, Nowon-gu, Seoul, under the influence of alcohol level of 0.172% among blood transfusion around 01:40 on October 7, 2017, to 134 km-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving a drinking, inquiry into the results of crackdown on drinking driving, report on the circumstances of the driver driving a drinking, and notification of the results of crackdown on drinking;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes (13) shall be made on a net basis;

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. In full view of various circumstances, including the following: (a) the fact that there is a history of criminal punishment on three occasions due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the degree of criminal punishment is significant; (c) the occurrence of a traffic accident due to the instant crime; (d) there is no record of criminal punishment except four times of fines; and (e) the Defendant’s age, sexual conduct, intelligence and environment; (e) motive, means and consequence of the commission of the crime; and (e) the conditions of sentencing specified in the record, such as the circumstances after

참조조문

-형법 제62조 제1항

유사 판례

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