logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.07.19 2016고단1379
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 7, 201, the Defendant received a summary order of a fine of four million won due to a crime of violating road traffic law (drinking driving) at the Incheon District Court on November 7, 201, and on November 2, 2012, the same court was sentenced to a suspended sentence of two years due to a crime of violating road traffic law (drinking driving), and the same power has two times more in addition to a suspended sentence of two years.

On May 24, 2016, the Defendant driven a motor vehicle in the state of alcohol 0.150% alcohol level from around 4km to around 5:417 U.S. apartment in the direction of the city Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, 5:5-7, the Defendant driven a motor vehicle in the state of alcohol leveling about 0.150% in blood alcohol level from around 4km to the front road of the 1690 U.S.-si, Kimpo-si.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. On-site photographs;

1. References to inquiries, such as criminal history, report on investigation (Attachment of punishment for the same kind of crime committed against the suspect A), text of judgment, summary order, reporting on the results of confirmation of the previous criminal records and the results of confirmation under statutes;

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 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Do1488, Apr. 1, 2011);

arrow