logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.02.02 2016고단2526
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 October 14, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic laws in the Seo-gu District Court Branch of the Daegu District Court, and a summary order of KRW 5 million for a crime of violating road traffic laws in the same support on February 12, 2013.

On September 11, 2016, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.142% from the first place of GS25 convenience stores located in the Seocheon-gu, Daegu, Seocheon-gu to the front day of the GS25 convenience stores located in the Daegu-gu, Seocheon-gu, Seocheon-gu, Daegu-gu, to the front day of the GS25 convenience stores located in the Daegu-gu, Seocheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of summary order;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime by driving under the influence of alcohol in spite of the fact that the Defendant had been punished three times due to the violation of the Road Traffic Act, and that the Defendant’s blood alcohol concentration level at the time of the instant crime is high 0.142%, it is necessary to strictly punish the Defendant in light of the fact that the Defendant’s blood alcohol level at the time of the instant crime is high 0.142%.

However, in light of the fact that the defendant led to the crime of this case, there is no record of criminal punishment exceeding the fine due to the same crime or the crime of this kind before the crime of this case is committed, the punishment is ordered as ordered by taking into account both the defendant's age, sexual behavior, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case.

arrow