logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2018.06.20 2018고단328
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 21, 2008, the Defendant was sentenced to a fine of 2.5 million won or more for a violation of road traffic laws at the Seosan Branch of the Daejeon District Court on August 21, 2008, and the same court on August 21, 2009 for a violation of road traffic laws (driving), and thus, violated the prohibition of drinking by a person who was sentenced to a fine of 8 million won or more for a violation of road traffic laws at the same court on August 21, 2009.

On March 31, 2018, at around 15:08, the Defendant driven a B observer car in the state of alcohol alcohol concentration of about 0.286% from the 12km section of approximately 12km to the cream in Seocheon-dong, Seocheon-si, Chungcheongnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on drinking alcohol, notification of completion of correction, ledger of use of the measuring instrument for drinking alcohol, and statement of the situation of the driver of drinking alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, reporting of a previous conviction before and after the disposition (including judgment attached thereto);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. On the grounds of sentencing in Article 62-2 of the Criminal Act, considering all factors of sentencing as indicated in the pleadings of the instant case, such as the Defendant’s age, environment, sex, motive, means and consequence of the crime, etc., such as the degree of alcohol content in the blood of the instant case, the fact that there is a previous conviction in the same kind, and reflect and reflect, etc., the sentence shall be determined as ordered.

arrow