(영문) 춘천지방법원 강릉지원 2018.05.10 2018고단213

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 강릉지원 2018.05.10 2018고단213

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 history] On June 18, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court on the part of the Defendant, and on December 29, 2008, issued a summary order of KRW 2.5 million for the same crime at the above court, and the driving force of drinking is 4 times in total.

[2] On March 1, 2018, the Defendant, who violated the provision prohibiting driving under the influence of alcohol two times or more, driven a motor vehicle with three low alcohol level of 0.167% in the direction of alcohol in the 1km section from the roads near the Suwon-dong located in Gangnam-gu, Gangnam-do to the roads outside the city of 49 in the city of Singing in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect's history of driving alcohol) statute;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The sentencing of Article 62-2 of the Criminal Act is based on the following circumstances: the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the records, including the criminal defendant’s age, sex, circumstances before and after the commission of the crime, etc. as ordered.

Normals which are disadvantageous: The fact that the crime is repeatedly committed and the degree of drinking is considerably favorable: The confession and the fact that his mistake is divided.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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