logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2017.09.26 2017고단781
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 30, 2010, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of road traffic law at the Gangnam branch of the Chuncheon District Court, and on December 29, 2008, issued a summary order of KRW 3,00,000 as a fine for the same crime by the same court.

On May 29, 2017, the Defendant driven D car with alcohol content of about 2 km from around 1758-14 meters to the Defendant’s house located in Gangseo-si, Gangwon-si, the coast of Gangseo-gu, 1758-14 order-driven port, to the front road of the Defendant’s house located in Gangseo-si, the Defendant driven D car with alcohol content of about 0.218%.

Accordingly, even though the defendant had been punished as a crime of violating the Road Traffic Act(drinking) more than twice, he has driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of suspect's records of driving alcohol), and summary order;

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. 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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: One's mistake is pened, and circumstances unfavorable to the fact that there is no past record of punishment exceeding a fine: The fact that five times the person has been punished due to drinking, and the drinking value is considerably high;

arrow