logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2015.09.11 2015고단291
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

The Defendant was sentenced to a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act on June 30, 2009 in the Daejeon District Court's collegiate mountain branch, and was sentenced to a suspended sentence for six months on January 29, 2013.

On May 26, 2015, at around 00:30 on May 26, 2015, the Defendant driven Bcoon-line cargo at approximately 400 meters away from the section of about 400 meters in blood alcohol concentration to the front road of the Jinsan-si, Goin-si, Goin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the result of crackdown on drinking driving, the circumstantial report of the driver concerned, and a description of photograph;

1. Investigation reports and investigation reports prepared by the police;

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (former records and attachment of judgment) prepared by police officers of the prosecution;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

3. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., the Defendant was sentenced to the suspension of the execution of six months of imprisonment for a violation of the Road Traffic Act on January 29, 2013. The judgment becomes final and conclusive on February 6, 2013, and the judgment became final and conclusive on February 6, 2013, and the risk of recidivism, such as drunk driving, etc., as stated in its reasoning, is unlikely to occur for a period of two years after the suspension of the execution.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant has committed a crime, and is led to confession, and other various circumstances shown in the pleadings of this case, such as the age, character and conduct, and environment of the defendant.

arrow