(영문) 청주지방법원 2016.09.27 2016고단850

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(영문) 청주지방법원 2016.09.27 2016고단850

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

On October 14, 2008, the Defendant was sentenced to a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court, on May 8, 2012, and a fine of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Chungcheong District Court on May 8, 201, and on June 14, 2013, the Defendant was sentenced to a suspended sentence of two years for six months.

Although the Defendant had three times the power of driving under the influence of alcohol, around April 27, 2016, he driven Bsch-ton vehicles under the influence of alcohol with approximately 0.167% alcohol concentration from the 1km section to the front side of Shabbave restaurant, which is located in the Cheongju-gun, the front side of the Hoju-gun-gun, the petition-ro 140, Cheongju-si, the sum from the front side of the Hoju-gun-gun, the petition-ro 140, Cheongju-si, the petition-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to inquire into foreign crimes and criminal investigation records, and to report on investigation (a copy of summary order, etc.);

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. In light of the following: (a) the offender committed a second offense even though there was a record of probation and probation of the order to provide community service and attend lectures, and the number of drinking was high; (b) the Defendant seriously reflects the Defendant; (c) the Defendant’s age, sex, environment, circumstances of the offense; (d) the means and consequence of the offense; and (e) the conditions of the sentencing specified in the pleadings, such as circumstances after the commission of the offense, the sentence shall be determined as the order.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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