(영문) 수원지방법원 여주지원 2017.08.18 2017고단647

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2017.08.18 2017고단647

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 August 10, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Frigwon, and a summary order of KRW 2 million for the same crime in the same court on January 7, 2010, respectively.

[Criminal facts] On May 7, 2017, the Defendant driven B X-ray motor vehicle while under the influence of alcohol content of about 0.198% at approximately 60 meters from the 136-6 Sinsi-ro 197-8 Sinsi-ro from May 7, 2017 to Sinsi-ro 197-8.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act on the grounds of protection and observation and order to attend lectures was that caused traffic accidents at the time of the instant crime, and the numerical value of alcohol concentration is considerably high in the blood transfusion controlled and measured.

However, in consideration of the fact that the defendant reflects the crime and has no record of punishment exceeding the fine for the same crime, the punishment shall be determined as per the order.

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

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