logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2014.08.01 2014고단914
도로교통법위반(음주운전)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On January 9, 2009, the Defendant was sentenced to a summary order of 2.5 million won by the Jeonju District Court on the ground of a fine for a violation of the Road Traffic Act (driving) at the Jeonju District Court on November 18, 2008, a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the same court on November 18, 2008, and a fine of 2.5 million won by the same court on October 20, 2003.

【Criminal Facts” around 04:00 on June 13, 2014, the Defendant driven a vehicle B New XG with approximately 1.5 KTz up to the mutual influence 1 located in the former KTz. 1 in the former KTz. in the front city of 0.097% of the blood alcohol concentration of 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of summary order attached) including criminal records, 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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been already punished three times due to drunk driving, is deemed to have committed the crime of this case. However, the circumstances and the nature of the crime of this case are not less than that of the defendant, the defendant has no criminal records over fines due to the same kind of crime, and the sentencing materials on the records of this case, such as the defendant's family environment, shall be taken into consideration.

arrow