(영문) 청주지방법원 2020.05.28 2019고단2861

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2020.05.28 2019고단2861

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 14, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Cheongju District Court due to a violation of the Road Traffic Act.

On November 30, 2019, at around 00:37, the Defendant, with the foregoing vehicle, driven C Lasta car in the state of alcohol alcohol concentration of approximately 0.175% from the influent area (hereinafter referred to as the “Sasta car”) to the front of the petition district of the same city from the influent area (hereinafter referred to as the “Sasta car”) to the end of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment in that the defendant commits a crime of drinking again even though he/she had a previous conviction three times.

However, the court decides to suspend the execution under the condition of the order to attend the course, taking into account all the circumstances, such as the Defendant’s age, character and behavior, degree of alcohol alcohol, driving distance, and the circumstances before and after the crime, and the sentencing conditions specified in the instant records and arguments, which include the following: (a) the fact that the Defendant was found to have committed the crime and did not repeat the crime by reflecting the erroneousness; (b) the previous conviction was both punished before and after 209; and (c) the Defendant did not have any specific penal power except three-time criminal records; and (d) the Defendant

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유사 판례

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