(영문) 전주지방법원 2014.12.05 2014고단1757

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2014.12.05 2014고단1757

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 15:50 on October 9, 2014, the Defendant, without a driver’s license, driven a DNA-free car under the influence of alcohol by 0.269% of blood alcohol content from a 200-meter section from the front side of the gold market to the front side of Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Although the reason for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order had the record of having already been punished for the same crime, if it is deemed that the defendant again committed the crime of this case, the circumstances and the nature of the crime of this case are not less than that of the defendant, but not less than that of the defendant due to the same crime, the defendant does not have any criminal record exceeding fines due to the same crime, and the sentencing materials recorded in the records of this case, such as the circumstances of this case, the defendant's family environment and health conditions, shall be determined by taking into consideration the sentencing

참조조문

-도로교통법 제43조

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

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