(영문) 의정부지방법원 2019.03.20 2018고단5280

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) 의정부지방법원 2019.03.20 2018고단5280

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 4, 2018, around 22:00, the Defendant driven a F Saturdays car while under the influence of alcohol content of about 0.091% at a distance of about 400 meters from the front of the “C” adjacent to Sincheon-si B to the front of the “E” located in D at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. The criminal defendant has the record of being punished for the same kind of crime, such as drinking, refusing to measure drinking, and unauthorized driving, even before the reason for sentencing of imprisonment with prison labor, even though he/she had prior to the punishment of sentence, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act of the applicable law

Nevertheless, the crime of this case was committed while driving under the influence of the blood alcohol concentration of 0.091%.

In particular, in May 31, 2015, the Defendant had been sentenced to a suspended sentence of two-year imprisonment for six months due to an act of causing damage to the central separation zone of the road while driving without a license on May 31, 2015 and causing the owner of the vehicle to escape without taking any measures, and causing the owner of the vehicle to make a false confession as he/she had driven.

However, considering the circumstances favorable to the fact that social ties seems clear, such as the fact that the defendant recognized the crime, the fact that there is family members to support the defendant, the fact that many people who are the branch of the defendant appeal against the defendant, etc.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제3호

유사 판례

-의정부지방법원 2019.03.20 2018고단5280

-의정부지방법원 2019.11.27 2019고단3844

-의정부지방법원 2019.05.22 2018고단5141

-의정부지방법원 2019.06.12 2019고단1667

-의정부지방법원 2020.11.27 2020고단2425