(영문) 대전지방법원 천안지원 2021.02.05 2020고단3094

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2021.02.05 2020고단3094

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Power of crime] On February 14, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violating Road Traffic Act (driving) at the Daejeon District Court on February 14, 2007.

[2] On October 2, 2020, the Defendant violated the provision prohibiting driving of drinking alcohol by driving a EX car under the influence of alcohol at approximately 0.148% while under the influence of alcohol from around around 02:30 to around 400 meters of alcohol level from around 02:30 to around the Daejeon U.S. CD.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to inquire about the place of the offender, the arrest report of the case, the list of 112 reported cases, the notification of the result of crackdown on drinking driving, the statement of the situation of the driver under the influence of alcohol, the inquiry of the results of crackdown on drinking, the inquiry of the fact of crackdown on drinking, and a copy

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment for a crime that is highly dangerous to harm the life and body of others.

The amount of alcohol concentration in the measured blood is considerably high by 0.148%.

In the past, even though the Defendant was sentenced to a fine once due to drinking driving and one-time due to driving without a license, it is highly likely to criticize the instant crime in that it has committed the instant crime.

However, the defendant recognizes his mistake and is against his will.

The personal injury of other persons was not caused in parallel.

There is no criminal conviction exceeding fine due to the same crime.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as the sentence.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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