(영문) 대전지방법원 천안지원 2017.11.17 2017고단2082

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2017.11.17 2017고단2082

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

【Criminal Records of Crimes】 On August 1, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a crime of violating road traffic law in the support of the Daejeon District Court, and on September 30, 201, the Defendant was sentenced to a suspended sentence of one year for a crime of violating road traffic law (drinking) in the same court.

【Inasmuch as the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, he again driven a rocketing motor vehicle at approximately 60km from the front side of the mountain mountain field, the mountain mountain field, the mountain mountain field, and the northwest-gu, west-gu, Yancheon-si, in the state of alcohol leveling 0.061% from around 19:40 on August 20, 2017, while he was under the influence of alcohol leveling at least 0.061% from the blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (2) 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 shall be determined by taking into account the various sentencing conditions shown in the trial proceedings of this case, such as observation of protection, community service order and order to attend a lecture, the fact that the crime was committed repeatedly even when criminal punishment was imposed several times for the same kind of crime with the same reason for sentencing under Article 62-2 of the Criminal Act, reflect

참조조문

-형법 제62조 제1항

-형법 제62조의2

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