(영문) 춘천지방법원 2018.05.23 2018고단327

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2018.05.23 2018고단327

도로교통법위반(음주운전)

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 22, 2011, the Defendant was punished by a fine of KRW 4.5 million by a violation of road traffic laws (drinking) at the Jung-gu District Court on December 22, 201, and KRW 2 million by a violation of road traffic laws (drinking) at the elementary branch of the Chuncheon District Court on July 8, 2009.

[Inasmuch as the Defendant had been subject to punishment twice or more due to drinking, the Defendant driven a balthm vehicle in the direction of approximately 80km, while under the influence of alcohol leveling 0.082% at approximately 0.082% of alcohol level in the direction of 80km-si, Gyeonggi-do, Jincheon-gun, Gyeonggi-do at around 19:05 up to the falth of the falth of the falth of Gyeonggi-gu, Gyeonggi-do at around 1332.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the notification of the results of regulating the driving of drinking and a statement on the circumstances of the driver;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include two times the Defendant, as stated in the facts constituting the crime, was punished for driving under drinking, and the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) in 2007.

However, the defendant shows the appearance of recognizing and opposing the crime of this case, the crime of this case is limited to a simple drinking driving, and no more severe results occur, and the defendant does not do so again.

참조조문

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