(영문) 서울북부지방법원 2018.08.23 2018고단2385

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.08.23 2018고단2385

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 06. 23:59 on 07. 07. 07. 06. 23:59, while under the influence of alcohol, the Defendant driven G rocketing car from approximately 3km to the Dong-ro, Seongbuk-gu, Seoul to the 248-ro, Seongbuk-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant legal provisions, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), and the choice of imprisonment with prison labor for criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already been punished by a fine due to two drinking drivings and one-time drinking measurement refusals, and even if the defendant had already been punished, he/she went to drive the drinking of this case. The amount of alcohol concentration in the blood of the defendant was confined to the cancellation of the driver's license, and the crime was not good, such as taking a bath against the police officer immediately after control, and thus, the defendant is to choose imprisonment with prison labor.

However, the defendant's criminal records related to driving of the above drinking alcohol committed in 2001, 202 and 2011, respectively, and the defendant did not commit any particular crime other than a fine for one time during the last ten years. The driving of the drinking alcohol in this case does not cause a traffic accident, the defendant seems to support his mother, and the defendant is able to repent and reflect his mistake.

In addition, in order to prevent recidivism, it is ordered that the defendant take a driving instruction to prevent recidivism, taking into account the various circumstances, including the defendant's age, sexual conduct, the background and motive leading to the crime of this case, and the circumstances before and after the crime, etc., and the sentencing conditions specified in the records and arguments, as ordered in the disposition.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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