logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2018.12.13 2018고단1086
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law (drinking driving) in the Chuncheon District Court's original branch on January 18, 2013, and a summary order of KRW 2 million for the same crime in the same court on June 28, 2013.

On September 29, 2018, the Defendant driven B K7 car on the road located approximately 2 km in front of one bank located at the center of Won-si, from 0.085% alcohol level, while under the influence of alcohol leveling around 03:37 on September 29, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. References to inquiries, such as criminal history, and application of each summary order statutes;

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. In full view of the following circumstances: (a) the effect that a person had been subject to two times or more due to driving of alcohol and criminal punishment for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, and the degree of drinking did not exceed 0.1%; (b) the degree of drinking did not cause a traffic accident during the instant crime; (c) there was no record of criminal punishment other than twice the above fine; (d) the Defendant’s age, sex behavior, intelligence and environment; (e) the motive, means and consequence of the instant crime; and (e) other various circumstances that are conditions for the sentencing as shown in the record, including the circumstances after the crime, etc., the sentence shall be determined as ordered.

arrow