(영문) 수원지방법원 평택지원 2017.12.06 2017고단1634

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) 수원지방법원 평택지원 2017.12.06 2017고단1634

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 11, 2017, the Defendant driven a sports cargo vehicle at C Coindo while under the influence of 0.102% alcohol level at approximately 15m alcohol level on the front side of the 149 NewCC at the same time from the front side of the 15m-ro 86mpon-ro 149 to the front side of the 5m-ro 15mpulum malumumumumumumum sulg.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report on actual conditions and a statement on the circumstances of drivers in charge;

1. There are conditions favorable to the Defendant, such as the relevant legal provisions regarding the crime, Articles 148-2(2)2 and 44(1) of the Road Traffic Act regarding the selective sentencing of imprisonment, the fact that the Defendant reflects the reason for sentencing of sentence, the fact that the Defendant’s family members and branch members want the Defendant’s wife, the fact that there is no more criminal history exceeding the fine in relation to drinking, and the fact that the fine in 2007 is the last power.

However, in light of the fact that the defendant has been punished twice as drinking (including rejection of drinking alcohol measurement) and that the defendant committed the crime of this case without being able to do so during the period of suspension of the execution of official duties due to interference with the execution of duties, and that the defendant has a number of criminal records including four times of the suspension of the execution of imprisonment (198, 2001, 2008, and 2016), 198 and 2008 are criminal records related to traffic violation of laws and regulations (traffic accidents, non-licenseless driving, etc.), the alcohol concentration among the blood of this case is not low, and the traffic accident occurred due to the driving of this case, it is determined that the defendant cannot be punished by a fine.

Therefore, the defendant was sentenced to imprisonment with prison labor like the order, and the term of punishment was set in comprehensive consideration of the above circumstances and all other conditions of sentencing.

유사 판례

-의정부지방법원 2017.03.24 2017노96

-대구지방법원 2017.08.10 2017노2394

-창원지방법원 마산지원 2018.10.16 2018고단780

-대구지방법원 상주지원 2021.01.27 2020고단313

-광주지방법원 2018.12.18 2018노3233