logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.10.10 2013고단3065
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 8, 2010, the Defendant was sentenced to the suspension of indictment for a violation of the Road Traffic Act at the Do's District Prosecutors' Office of the Government on March 8, 2010. On April 9, 2013, the Defendant was issued a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act at the Do's District Court on April 9, 2013. On September 6, 2013. On September 23:39, 2013, the Defendant driven a car at B Stt-type in a state of approximately 0.142% of blood alcohol concentration from the Do's 300 meters away from the Do's back to the Do's back to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution (including repeated consideration of the reasons for both punishment, which are favorable to the defendant);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant committed the crime of this case when he was sentenced to a fine on April 9, 2013 in particular for five months after he was sentenced to a drunk driving on April 9, 2013, and the blood alcohol concentration of this case is also significant. However, there is a little room for strict punishment in light of the fact that the defendant is led to the confession of the crime, not repeating the crime, there is no record of punishment exceeding fines, and there is no record of punishment exceeding the fine, and other various circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., which are the conditions for sentencing specified in the records

arrow