(영문) 의정부지방법원 고양지원 2018.09.12 2018고단1590

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2018.09.12 2018고단1590

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 5, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of road traffic laws (drinking driving) at the Seoul Central District Court, and on July 1, 2009, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine for a violation of road traffic laws at the Jung-gu District Court.

[2] On April 30, 2018, the Defendant driven a coo car in B while under the influence of alcohol with approximately approximately KRW 200 meters at a distance of about 0.180% in alcohol content in blood, from the upper end of the Busan High School located at 27-37, a 32-gil, to the same distance of 61 and the two-lined parking lots at 200 meters in sight.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, report on the circumstances of a driver driving a drinking and report on the results of regulating drinking;

1. Previous convictions: A reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions of each disposition, summary order, and application of the text of the judgment;

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

1. The punishment as ordered shall be determined by taking into account all the factors such as the confession of crimes with the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the person under obligation to attend a lecture is led to the driving of drinking, the fact that there are two times the records of punishment due to drinking, the fact that drinking is high, the age of the defendant and other factors of sentencing

참조조문

-형법 제51조

-형법 제62조 제1항

-형법 제62조의2

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