(영문) 청주지방법원 제천지원 2017.09.21 2017고단262

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 제천지원 2017.09.21 2017고단262

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 15, 2014, the Defendant was sentenced to a summary order of KRW 7,00,000 as a crime of violating the Road Traffic Act (dacting driving) at the Cheongju District Court’s Incheon District Court’s Support, and on April 20, 2016, the Defendant was sentenced to a suspended sentence of two years for six months, due to a crime of violating the Road Traffic Act (dacting driving) at the Busan District Court’s Support.

[2] On July 24, 2017, around 16:25, the Defendant driven a ready-light vehicle under the influence of alcohol of about 1km from around the Myeong-ri-ri to the 1118-ro, e.g., Sigo-ri-ri-ri-ri-ri-si, in a state of under the influence of alcohol of about 0.161% in blood.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Written appraisal of alcohol during blood (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Application of four parts of the judgment; and

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances.

The fact that there was a history of four times punishment for the crime of violating the Road Traffic Act (drinking), and in particular, the fact that he/she led to a confession of the fact that he/she is driving under drinking again during the suspension of execution and protection observation even though he/she was sentenced to an order of 6 months of imprisonment, 2 years of suspended execution, 40 hours of probation, and 40 hours of his/her compulsory driving on the road due to a violation of the Road Traffic Act (drinking on the drinking

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

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