(영문) 수원지방법원 성남지원 2014.11.06 2014고단2350

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2014.11.06 2014고단2350

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 12:50 on August 26, 2014, the Defendant driven a cafeteria with the degree of about 5km from the restaurant where the trade name in the Jeju-si is unknown to the 33rd of the city south-do, to the front road of the private teaching institute, the Defendant was under the influence of alcohol with approximately 0.218% of the blood alcohol content, and the B rocketing car.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. A report on investigation;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. In full view of the circumstances, such as the probation, community service order, and order to attend a lecture five times and the records of punishment imposed by the defendant for the same type of crime, which led to the crime of this case even though the sentence was imposed two times, among which the sentence was imposed, and the drinking water level was high as stated in its reasoning, and the fact that there was no same criminal records for the last five years or more, and the favorable circumstances such as the fact that the defendant's wrong recognition and reflects it, and the defendant's age, character, behavior, environment, etc., the sentence of imprisonment within the statutory punishment mitigated by discretionary mitigation is imposed, and the execution of the sentence is deemed appropriate on the condition that probation for the prevention of recidivism, community service order, and order to attend a lecture is to be suspended. Thus, the sentence is determined

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

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