(영문) 대전지방법원 천안지원 2017.06.02 2017고단529

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Reasons

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자간(%)

(영문) 대전지방법원 천안지원 2017.06.02 2017고단529

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

On October 27, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of road traffic laws in the support of the Daejeon District Court on the Incheon District Court on October 27, 2010. On April 5, 2012, the Defendant was sentenced to a suspended sentence of 2 years for a violation of road traffic laws in the Daejeon District Court's Support of the Incheon District Court on April 5, 2012.

On February 20, 2017, at around 22:40, the Defendant driven Bbeer or a car while under the influence of alcohol content of about 0.237% from the 10m section to the front road of the didididipo Road, Eup, Myeondipo-si, Eup, Myeondipo-si, Asan-si, the Defendant driven the Bbeer or car in the influence of alcohol level of about 10 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

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

1. The punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the trial proceedings of this case, such as the observation of protection and the order to provide community service, the order to attend lecture, the fact that there are records of criminal punishment several times for the same crime for the same reason of sentencing under Article 62-2 of the Criminal Act, the reflectiveness

참조조문

-형법 제62조 제1항

-형법 제62조의2

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