(영문) 의정부지방법원 2018.12.11 2018고단4266

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2018.12.11 2018고단4266

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 1, 2016, the Defendant was sentenced to a suspended sentence of three years for a crime of violating road traffic laws at the Seoul Eastern District Court on one-year imprisonment, and was sentenced to a fine of one million won or more for the same crime in the Incheon District Court’s Vice-Support on November 4, 201, and was sentenced to a fine of one million won or more for the same crime.

【Criminal fact-finding on October 3, 2018, the Defendant driven a F B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the blood alcohol concentration is less than 0.1%, there are grounds for considering the circumstances leading to the driving of the instant drinking, and the Defendant reflects the instant crime) of the Act on the Mitigation of Small Quantity reaches four times before the driving of drinking, and the two times during the suspended sentence is the previous offense, and the instant crime is also a criminal offense during the suspended sentence due to the driving of drinking, and it is inevitable to sentence the Defendant as a sentence.

However, the punishment shall be determined in consideration of the fact that the blood alcohol concentration is less than 0.1%, the reason why the circumstances leading to the driving of the instant drinking, the reason why the Defendant caused the instant crime, and the fact that the Defendant reflects the instant crime.

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

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