logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.09.22 2016고단2580
도로교통법위반(음주운전)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 29, 2016, the Defendant was driving a motor vehicle under the influence of alcohol content of approximately 0.191% in the section of approximately 15km from the area of 01:28, 01,00,00,00,000,00,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

2. On February 29, 2016, the Defendant violated the Road Traffic Act: (a) while driving under the influence of alcohol on the street in front of Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (b) when D who observed the foregoing, prevented the Defendant from driving under the influence of alcohol, the Defendant started the vehicle while leaving the vehicle in a state where D was carrying the Defendant’s vehicle on the front of Seongbuk-gu; and (c) caused danger to traffic by repeatedly driving the vehicle on two occasions, such as repeated delivery of the signal violation while flying the vehicle to the point where D was on the front of the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes concerning the statement of the circumstances of drivers of drinking alcohol and records of drinking alcohol measurement;

1. Relevant Article of the Act and Articles 151-2 and 46-3 subparagraph 1 (inward driving) of the Road Traffic Act, Article 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, the choice of imprisonment, respectively;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Reasons for sentencing under Article 62(1) of the Criminal Act: A punishment shall be determined as ordered in consideration of the sentencing conditions, such as the Defendant’s age, sexual behavior, environment, etc., in light of the fact that the Defendant’s liability is not less favorable: (a) the Defendant’s criminal liability is against the fact that he/she is not subject to a suspended sentence, and that he/she is not subject to a suspended sentence or heavier punishment; (b) the Defendant’s age, sexual behavior, and environment, etc., even though he/she had a record of punishment for driving under drinking; and (c)

arrow