(영문) 의정부지방법원 2017.11.07 2017고단2987

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자간(%)

(영문) 의정부지방법원 2017.11.07 2017고단2987

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

[criminal history] On December 15, 2006, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Northern District Court on December 15, 2006, and a fine of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the same court on May 4, 201.

[Criminal facts] On June 11, 2017, the Defendant driven a Bland knife under the influence of alcohol content of about 400 to 447 meters from the nearest road located in the girroids of the Namyang-si, Gyeonggi-do, to the same Sigjin-ro ro, 447.50 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a survey report on actual conditions, photographs of accident scene, and the results of crackdown on drinking driving;

1. Previous conviction: A reply to inquiry, such as criminal history, investigation report (the date and time confirmation of the previous crime), and application of Acts and subordinate statutes of the summary order;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, two times before and after the driving of alcohol, and the degree of alcohol concentration in the blood, and the danger of driving the drinking of this case (in the case of the driving of the drinking of this case, the electric telegram was changed due to the driving of the driving of the drinking of this case, and the Defendant’s vehicle also destroyed the risk of driving the drinking of this case.

However, considering the defendant's reflectiveness and the same kind of criminal records in the suspension of execution.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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