(영문) 전주지방법원 2014.05.23 2014고단269

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(영문) 전주지방법원 2014.05.23 2014고단269

도로교통법위반(음주운전)

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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

On February 17, 2014, at around 00:05, the Defendant driven C-Scar car in the state of alcohol with approximately KRW 200 meters alcohol concentration of 0.254% at a section of approximately 200 meters from the front of the “open” road in Samcheon-gu, Samcheon-gu, Jeoncheon-si, Seoul to the front of the Namyang apartment guard room located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

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

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been already punished twice due to drunk driving, the defendant committed the crime of this case again, and the crime of this case is not less than the crime of this case in light of the fact that he committed the crime of this case and his blood alcohol concentration is very high, but the defendant is not less than the crime of this case, the defendant has no record of criminal punishment exceeding the fine, the defendant sells the vehicle owned by the defendant to no longer drunk driving after the crime of this case, and the circumstance that the defendant caused the crime of this case by selling the vehicle to no longer drunk driving after the crime of this case, etc., the execution of imprisonment is suspended, and the community service and lecture attendance order is added to the order of this case.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

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