logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2016.09.20 2016고단130
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 27, 2009, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on December 11, 2009, a fine of two million won for the same crime from the support of the Southern District Court in the Jeonju District Court on December 11, 2009, and two years of suspended execution for one year of imprisonment for the same crime in the same court on May 21, 2013, and on February 3, 2015, on August 5, 2015, the Defendant completed the execution of the sentence by a military prison on August 5, 2015.

[Criminal facts] On July 24, 2016, the Defendant driven Bschtonton car under the influence of alcohol content of approximately 0.065% at a section of about 1km from the valley in front of the valley in which it is impossible to know at the human-sular side of Namwon-si, Namwon-si to the front side of the Namwon-si, the Defendant driven Bsch Rexton car under the influence of alcohol content of about 0.065%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Considering the fact that the amount of alcohol concentration in the blood for the reasons of sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Quantity, and the circumstance of driving alcohol claimed by the Defendant, even though the Defendant had been subject to criminal punishment several times including two times of suspended sentence due to drinking driving, it is highly likely that the Defendant would be subject to criticism and determine the sentence like the order by taking account of the fact that the Defendant is driving of drinking and driving of drinking at once including the two times of suspended sentence due to drinking, and the period of repeated offense.

arrow