logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.10.19 2017고단2390
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

[criminal history] On April 3, 2012, the Defendant received a fine of KRW 5 million for a crime, such as violation of road traffic law (drinking), in the support of the Suwon Flag, the Defendant received a fine of KRW 5 million on July 31, 2014 from the Incheon District Court Branch Branch of the Incheon District Court as a crime of violation of road traffic law (drinking).

[2] On August 14, 2017, the Defendant: (a) was a person prior to and two times or more of drinking; (b) driven a car with Criri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, report on the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and inquiry into the results of crackdown on driving under drinking;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a report accompanied by a copy of summary issuance of an 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. 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 Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, again committed the instant crime even though he/she had been punished for driving alcohol twice.

However, it is recognized that all of his mistake is recognized and that he will not drive a drinking again while selling the vehicle.

The punishment shall be determined as per the disposition in consideration of the fact that all of the above punishment records are punished by a fine.

arrow