(영문) 대전지방법원 2018.03.15 2018고단208

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(영문) 대전지방법원 2018.03.15 2018고단208

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On December 18, 2017, the Defendant driven a D car at approximately 100 meters away from the 5th public parking lot located in the Seosung-dong of Daejeon, to the front road of the 12nd Cheongwon-ro, the 100 meters away from the 5th public parking lot, which is located in the Seosung-dong of Daejeon, under the influence of alcohol content 0.109% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report, report on the circumstances of the driver in charge, notification of the results of the crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, response to requests for appraisal, and application of Acts and subordinate statutes to report the detection of the driver in charge

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The fact that he/she committed another crime of this case even though he/she had been punished twice due to drinking driving, the fact that he/she committed another crime of this case, the fact that drinking value is significantly favorable: Confession and reflects, the fact that he/she has been punished twice the same criminal history, but all of the charges are fine, and the prevention of recurrence is done due to

참조조문

-형법 제62조 제1항

-형법 제62조의2

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