(영문) 전주지방법원 2014.10.24 2014고단1309

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2014.10.24 2014고단1309

도로교통법위반(음주운전)등

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 of the final judgment.

Reasons

Punishment of the crime

On July 26, 2014, at around 15:47, the Defendant driven C Poter Cargo Vehicles while under the influence of alcohol leveling 0.221% without a driver’s license, on the road of 163, Jinjin-gu, Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Photographs of a suspect standing on the road;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Despite the fact that the defendant had already been punished for drinking driving, it is deemed that he again committed the crime of this case even though the reason for sentencing under Article 62-2 of the Criminal Act of community service and lecture attendance order had the record of punishment, the punishment like the order shall be determined by taking into account the following two factors: (a) although the criminal facts and the nature of the crime of this case are not somewhat weak, the defendant confessions and seriously reflects the crime of this case; (b) the defendant does not have any criminal records exceeding fines due to the same crime; (c) the circumstances of this case; (d) the

참조조문

-도로교통법 제43조

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

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