logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.01.24 2017고단8488
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 2, 2015, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) in the support of the Suwon Frigwon, and was issued a summary order of KRW 4 million for the same crime at the Incheon District Court on November 28, 2017.

[Criminal facts] On October 16, 2017, around 05:12, the Defendant driven DK seven vehicles under the influence of alcohol level of about 0.106% from around 100 meters away from the front of the player village apartment house located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to the front of the street in the Nam-gu, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving drinking, a statement of the situation of the driver under driving, and a photograph of the control site;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a defendant's legal statement, inquiry letter, criminal history, and inquiry report (Attachment, such as a copy of the judgment);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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 Act on the Suspension of Execution provides that the Defendant’s responsibility shall not be denied in light of the following: (a) there are two times of past records on the grounds of sentencing under Article 62(1) of the Criminal Act; and (b) one of the two times of the records, which led to re-offending; and (c) the Defendant’s control over the Defendant’s diving in the signal atmosphere, etc.

However, the previous records are punished by a fine, and there is no particular criminal history for the defendant, the defendant is currently divided in depth and disposes of the vehicle, and the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as ordered by the sentence.

arrow