logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 장흥지원 2018.12.06 2018고단203
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 21, 2008, the Defendant was sentenced to a suspended sentence of two years for 6 months due to a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court's branch on March 21, 2008, and was sentenced to a suspended sentence of two or more times on August 23, 201, and was sentenced to a suspended sentence of two or more times in the same court on June of the same crime, and was sentenced to a suspended sentence of two or more times on October 30, 2018, and was driving a DM5 car under the influence of alcohol concentration of about 10 km from the Do in front of the C restaurant located in Yong-gun, Namnam-gun, Namnam-gun, Namnam-gun, Seoul, to the monthly mountain intersection (g) in the front of about 10 km in the direction of alcohol concentration of approximately 0.147% in alcohol among alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to the same judgment);

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and all the conditions of sentencing set forth in the records and arguments, including the Defendant’s age, sex, environment, circumstances, circumstances before and after the commission of the crime, etc., shall be comprehensively taken into account.

The factors of favorable sentencing: The fact that the defendant recognized his mistake and speaks against the defendant, and that the defendant has no record of criminal punishment for the last seven years [the last criminal record of the defendant is the one that has been sentenced to a suspended sentence due to drinking driving (the second criminal record in the judgment of the first head of the crime): the driving of drinking is highly likely to cause severe punishment by increasing risks to citizens' traffic safety, the concentration of alcohol in blood is relatively high, the concentration of alcohol in the same kind and seven times, the four times of suspended sentence is the previous crimes, and the previous crimes of unauthorized driving are five times.

arrow