(영문) 춘천지방법원 원주지원 2017.12.07 2017고단991

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 원주지원 2017.12.07 2017고단991

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic laws (drinking driving) at the Chuncheon District Court's original branch on December 9, 201, and a summary order of KRW 6 million for the same crime at the same court on August 21, 2015.

On September 5, 2017, the Defendant driven BK7 vehicle from the vicinity of the Labor Support Agency in the Nowon-si to the same Military Service to approximately 504 apartment houses from around 1km to around 504, while under the influence of alcohol content 0.165% during blood transfusion around 01:02.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking driver, report on the circumstances of a drinking driver, notification of the results of regulating driving of drinking, and inquiry into the results of regulating driving of drinking;

1. An inquiry letter, such as criminal history, and a summary order;

1. Application of related Acts and subordinate statutes to photographs;

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. According to Article 62(1) of the Act on the Suspension of Execution, the following circumstances are comprehensively taken into account: (a) there was a history of criminal punishment twice due to driving of drinking alcohol for the reason of sentencing; (b) the degree of criminal punishment is significant; (c) the driving vehicle of the Defendant was transferred by the instant crime; and (d) the occurrence of accidents involving the Defendant’s multiple times; (c) there was no record of criminal punishment other than the fine three times; (d) the Defendant’s age, sexual conduct, intelligence and environment; (e) the motive, means, and consequence of the crime; and (e) other various circumstances that form the conditions for the sentencing

참조조문

-형법 제62조 제1항

유사 판례

-춘천지방법원 원주지원 2018.04.12 2018고단113

-춘천지방법원 원주지원 2017.07.20 2017고단537

-청주지방법원 충주지원 2017.09.19 2017고단692

-춘천지방법원 원주지원 2017.06.14 2017고단79

-수원지방법원 안산지원 2017.01.19 2016고단4393