logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.02.03 2015고단4026
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving service of a hurd motor vehicle B.

On January 11, 2008, the Defendant was punished by a fine of KRW 2 million for a violation of road traffic law (driving in drinking), KRW 3 million for the same crime in the above court on March 31, 2009, and KRW 5 million for a fine of KRW 4 million on October 4, 201 for the same crime in the above court.

Although the Defendant had had such a history of driving three times or more, on October 24, 2015, the Defendant driven the said vehicle under the influence of one km point of alcohol concentration (0.181%) at the same time from the street room in front of the Sejong-dong located in the sphere of Suwon-gu, Suwon-si to the front left of the same city in the same city, from October 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of crackdown and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is relatively high in the numerical value of drinking in this case, the fact that the defendant has been punished several times for the same kind of crime: Provided, That the fact that the defendant is not sentenced to imprisonment or heavier, and other circumstances, including the defendant's age, occupation and family relationship (the health status of the defendant's wife is not good), shall be determined as per the disposition, comprehensively taking into account all the circumstances;

arrow