logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2016.10.07 2016고단666
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[criminal power] On October 28, 2009, the Defendant received a summary order of KRW 2.5 million from the Seoul Southern District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act. On May 27, 2011, the Seoul Eastern District Court received a summary order of KRW 3 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving). On October 30, 2013, the Seoul Central District Court issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 13, 2016, at around 07:20, the Defendant driven C Launa car over about 20km from the parking lot of the Defendant’s working company in Seocho-gu Seoul Metropolitan Government to the 3rd-distance road in Gunposi, Siposi, Sipo-si, Siposi, Sipo-si, Sipo-si, with a blood alcohol level of 0.134%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (the confirmation of the same type of power and summary orders, etc. attached thereto);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Sentencing unfavorable circumstances: The defendant's age, character and conduct, occupation, details of the crime, circumstances before and after the crime, etc., including the fact that a person has been sentenced to a fine for the same kind of crime three times as stated in the first head of the judgment, and that the distance of driving is considerable; - Other circumstances: The defendant's age, character and behavior, career, criminal records, etc.;

arrow