logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.09.06 2017고단4046
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 Records of Crimes】 On October 20, 2009, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 10,000 as a crime of violating the Road Traffic Act, and on August 19, 2013, a summary order of KRW 4,00,000 as a fine of KRW 1,00 for the same crime from the vice branch of

【Criminal facts” around May 19, 2017, around 22:15, the Defendant driven BM5 vehicle under the influence of alcohol content 0.114% at a section of about 50 meters from the front of the Congo, the Sea Water Sea State, Incheon, to the front of the Paris Round.

Accordingly, the Defendant, who violated the provision of “the prohibition of driving under the influence of alcohol” not less than twice, driven a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on arrest and a statement in the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order);

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. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act was four times the same power as that of the defendant in sentencing, the defendant's responsibility is not minor.

However, the previous power has been punished by a fine, and some of them have long been punished, the driving distance of this case is a short distance, the defendant is in depth of his mistake, 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, shall be determined as ordered by the order.

arrow