(영문) 수원지방법원 2017.05.16 2017고단1002

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.05.16 2017고단1002

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On February 14, 2017, the Defendant driven a e-mail vehicle from around 5km to the front road of the village hall at approximately 0.067% of alcohol level while under the influence of alcohol level at around 15:00, the Defendant driven a e-mail vehicle from around 5km to the e-mail of the e-mail site at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article 148-2 (2) 3 and 44 (1) of the Act on the Preparation of Roads for the Crime, Articles 148-2 (2) 3 and 44-2 of the same Act, the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

At the time of the instant crime, the Defendant’s blood alcohol concentration is not 0.067%, and the degree of alcohol is not more severe.

The defendant seems to have been discovered while driving so-called the so-called "nuring" after drinking.

The defendant has no previous convictions of imprisonment.

The defendant is in the position to support his family.

Circumstances unfavorable to the defendant are as follows:

In 2015, the defendant was sentenced to imprisonment for six months due to driving under normal drinking, and was sentenced to two years of probation, and again committed the crime of this case during the probation period.

Although the defendant has long committed a crime, he has been punished by a fine due to drinking driving in 2001 and around 2003.

In addition to the above circumstances, all of the sentencing conditions shown in the records and theories of this case, including the Defendant’s age, sex, career, environment, background and result of the crime, etc., shall be taken into account, and the sentence shall be determined as per Disposition by taking into account the circumstances favorable to the Defendant at once, and considering the circumstances favorable to the Defendant, the sentence shall be imposed as per Disposition.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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