logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.10.13 2017고단6053
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

On April 13, 2010, the Defendant was sentenced to a fine of KRW 2 million by a general military court of the first common military branch of the army on land on April 13, 2010, and was sentenced to a fine of KRW 6 million on February 23, 2012, and was sentenced to a fine of KRW 6 million by the Incheon District Court on February 23, 2012, and was sentenced to a summary order of KRW 6 million.

On July 27, 2017, around 23:57, the Defendant driven a B-beon truck under the influence of alcohol with approximately 700 meters alcohol concentration of 0.212% from the 700-ro To the roads of the Nam-gu Incheon Nam-ro, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A response to a request for appraisal, or a report on the detection of the principal driver;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (not less than twice the driving of drinking);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, once again driven alcohol despite the fact that he/she had been subject to criminal punishment for driving alcohol on two occasions.

The defendant has a record of criminal punishment of three times, including the two-time driving of drinking alcohol.

The drinking level of the defendant has reached a high level. Considering the social risk of drinking driving and the occupation of the defendant who carries on transportation business along with the social risk of transportation business, the necessity of strict punishment for the defendant's drinking driving crime is reasonable.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

Three times for the defendant.

arrow