logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.06.10 2016고단792
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Jung-gu District Court Goyang branch on November 8, 2007 and KRW 3 million for the same crime in the same court on December 19, 2008.

Nevertheless, on March 27, 2016, the Defendant driven a B lus vehicle from the Dogsan Dogsan, Geum-dong, Geumju-si, Ho-si, the Dogsan Dog-dong, to the front road in front of the shooting distance of the members of the Sinju Eup/Myeon, where the Defendant was under the influence of alcohol content of 0.078% during blood transfusion at around 23:25.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: Application of Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a summary order attached to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant, even though he had a record of driving alcohol more than twice, was driving at once without any special reason.

However, the defendant lives in an economic situation where it is difficult for the basic pension recipient to congested, and shows an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

arrow