logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.11.27 2018고단918
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2010, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Jung-gu District Court, on November 19, 2013, and was sentenced to a suspended sentence of ten months and two years for a crime of violating the Road Traffic Act at the Jung-gu District Court on November 19, 2013. On August 7, 2014, the Defendant was sentenced to a fine of nine million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on August 7, 2014.

On September 20, 2018, the Defendant driven 1342 as of September 20, 2018, and D K5 cars under the influence of alcohol with approximately 0.220% alcohol concentration from around 3.5 km to around 414-2, South Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Written inquiry about criminal history, etc.;

1. Investigation report (verification of previous records);

1. Application of Acts and subordinate statutes of one summary order and three copies of the judgment;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that an order to provide community service and attend lectures has been punished on several occasions for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, drinking volume, driving motive, etc. shall be considered disadvantageous circumstances.

However, it shall be considered in favor of the favorable circumstances, such as the fact that the city is dead and reflect, and the fact that the drinking will not be driving again.

In this regard, all the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, support relationship, etc., are considered as ordered.

arrow