(영문) 수원지방법원 여주지원 2018.12.19 2018고단1027

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2018.12.19 2018고단1027

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On June 22, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Busan District Court, and on December 18, 2012, issued a summary order of KRW 7 million due to a crime of violating the Road Traffic Act at the Busan District Court.

[2] On October 19, 2018, the Defendant driven a car from approximately 2.5 km to the front road of the child care center located at approximately 118 km-ro 118, Echeon-si, as the Defendant was under the influence of alcohol of 0.206% among blood transfusion around 08:3, 2018, the Defendant driven a car from around 2.5 km to the front road of the new child care center located at approximately 59 km-ro 118.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend lectures have caused traffic accidents that damage another person's property while driving alcohol, and the numerical value of alcohol concentration is considerably high among the bloods measured at the time of crackdown.

Considering the place and time of the defendant's statement, the circumstances leading to the driving of drinking, etc., the risk of recidivism seems to be considerably high.

No defendant shall have been punished by a fine exceeding that of a fine.

In addition, all other circumstances, such as the age, sex, environment, etc. of the defendant, the punishment shall be determined as per the order.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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