logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2019.05.29 2019고단953
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On November 3, 2016, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Southern District Court on September 2, 2018, and completed the execution of the sentence in Seoul Southern Prison on September 2, 2018.

【Criminal Facts】

On December 11, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act by the Incheon District Court. On November 30, 2010, the Defendant was sentenced to a summary order of 3 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court. On September 27, 2012, the Defendant was sentenced to a suspended sentence of 1 year for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court.

On January 29, 2019, at around 22:23, the Defendant driven C Lastto vehicle in the state of alcohol with approximately 300 meters alcohol concentration of 0.164% from the section of approximately 300 meters, from the Do in front of the mutual influence in the vicinity of the Goyang-gu U.S.-si dialogue to the Goyang-si B.

As a result, the Defendant had been punished twice or more for the violation of the Road Traffic Act, but was under the influence of alcohol, the Defendant driven the said rocketing vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and notification of the result of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, each investigation report (report on confirmation of the same kind of power, repeated crime and report on confirmation), and current status of confinement of individuals;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The punishment as indicated in the Disposition shall be determined, taking into account the following factors: (a) the confession and reflect of the reason for sentencing under Article 35 of the Criminal Act among repeated offenders; (b) the high drinking level; and (c) the history of being punished for drinking driving; (b) twice of them were sentenced to imprisonment; (c) they are crimes during the period of repeated offense; and (d) the age of the defendant, etc. for sentencing as prescribed in Article 51 of the Criminal

arrow