logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.11.14 2017고단4286
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] On December 17, 2009, the Defendant received a summary order of KRW 1,50,000 as a crime of violating road traffic law (drinking driving), and on February 12, 2010, the Defendant was sentenced to a summary order of KRW 2,50,000 as a fine for the same crime from the Incheon District Court. On May 14, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for a violation of road traffic law (drinking driving) in the Sungnam branch support of the Suwon branch of Suwon branch of the Chuncheon District Court.

[Criminal facts] On June 3, 2017, the Defendant driven a car under the influence of alcohol level of about 0.150% in the 1km section from the front road of the Suwon-gu Suwon-si, Suwon-si to the front road of the same Young-gu, Young-gu, Young-gu, Seoul-gu, Seoul-si, the Defendant driven a car under the influence of alcohol level of about 0.150%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving, response to requests for appraisal, and report on the detection of drivers;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

The defendant disposed of the vehicle operated by the defendant.

The defendant has no previous convictions of imprisonment.

There is a place where the defendant should support the elderly's reference.

Circumstances unfavorable to the defendant are as follows:

At the time of the instant crime, the alcohol concentration of the Defendant’s blood is 0.150%, and the level of alcohol is not less than that of the Defendant.

The defendant has been sentenced to three times a fine due to drinking driving, and one time a suspended sentence of imprisonment with prison labor, as well as previous criminal records in the judgment of the court.

In particular, the defendant is punished by imprisonment with prison labor for a crime that the defendant sustained an injury that needs to be treated for about 12 weeks after being a pedestrian while driving a light drinking in 2014.

arrow