(영문) 수원지방법원 2019.10.11 2019고단2719

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.10.11 2019고단2719

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 March 12, 2019, the Defendant, without obtaining a driver’s license on March 23, 2019, driven an E-Poter vehicle from approximately 300 meters from the front of the G Center in the G Center in the form of alcohol with a blood alcohol content of 0.122%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed on January 11, 2002 by the defendant, whose driver's license was revoked on January 11, 2002, and the quality of the crime is not less exceptionally but less than that of the blood alcohol concentration due to the drinking of this case.

The defendant is not aware of the fact that he had been punished for a fine on three occasions due to drinking driving, etc. and driving without a license and driving without a license and driving without a license and driving without a license in this case.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the records of drinking driving of the defendant have passed for more than 14 years since the date of the crime of this case, the defendant has no record of punishment for more than a suspended sentence, and the defendant has no record of punishment for more than a suspended sentence, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., and the conditions of sentencing as shown in the records shall be determined as ordered, taking into account

참조조문

-도로교통법 제43조

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

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