(영문) 울산지방법원 2014.04.24 2014고단82

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) 울산지방법원 2014.04.24 2014고단82

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 July 26, 2007, the Defendant received a summary order of KRW 4 million from the Daegu District Court and its branch court of the Daegu District Court, on January 22, 2008, the summary order of KRW 4 million due to a violation of the Road Traffic Act (driving), etc., and received a summary order of KRW 4 million from the Daegu District Court and its branch court of the Daegu District Court, on September 18, 2009, and was sentenced to a suspended sentence of KRW 8 months due to a violation of the Road Traffic Act (driving).

On December 14, 2013, at around 21:00, the Defendant driven C rocketing taxi with a blood alcohol content of about 0.195% under the influence of alcohol on the 10km section from the front of the 852-1st road in Ulsan-gun, Seoul-do, to the national highways of approximately 10km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a meeting is that the defendant has a number of criminal records of driving under the influence of alcohol, and the order to attend a meeting of probation and compliance driving is recognized in light of the circumstances leading up to the suspension of the execution of the sentence, criminal records, etc., taking into account the following: (a) the defendant's mistake is widely divided; and (b) the risk of recidivism is recognized in light of the circumstances leading up to the crime and criminal records leading up to the suspension of the execution of the sentence, and (c) the order to attend a meeting of compliance driving is added to the order to attend a meeting of probation and compliance driving in 209, despite being subject to a suspended sentence for the crimes of violation of the Road Traffic Act,

참조조문

-도로교통법

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

-형법 제62조 제1항

-형법 제62조의2 제1항

유사 판례

-울산지방법원 2014.02.20 2013고단3864

-울산지방법원 2014.02.20 2013고단3806

-울산지방법원 2014.08.28 2014고단1375

-울산지방법원 2014.01.09 2013고단3202

-울산지방법원 2014.08.28 2014고단1352