(영문) 대전지방법원 천안지원 2018.11.22 2018고단2286

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2018.11.22 2018고단2286

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

On April 9, 2009, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act on more than two occasions, such as being sentenced to a fine of 5 million won due to a violation of Road Traffic Act (drinking), and a violation of Road Traffic Act (drinking) in the Daejeon District Court's Branch of the Daejeon District Court on November 26, 2008.

On June 21, 2018, the Defendant driven CM3 motor vehicles under the influence of alcohol level of about 30km from around 30km to around 0.132% of alcohol level in blood, from the front of a mutually influent restaurant located in the native Eup/Myeon, in order to ensure that the Defendant driven CM3 motor vehicles under the influence of alcohol level of about 0.132% in the 30km section to the front of the “Dongcheon church.”

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Binding force files), and application of subordinate statutes of the judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The punishment as ordered is determined by comprehensively taking account of the following factors: (a) the fact that a person has already been punished as a crime of drinking alcohol driving over several times, including the sentence of two times of punishment on the grounds of sentencing under Article 62-2 of the Criminal Act; (b) the fact that he/she causes a traffic accident during drinking alcohol driving; (c) the defendant's mistake is recognized; (d) there is no record of being punished as a crime of drinking alcohol driving since 2009; and (e) there is no record of being punished as a crime of drinking alcohol driving; and (e) the defendant's age, sex, family relationship, family environment

참조조문

-형법 제62조 제1항

-형법 제62조의2

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