logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.07.20 2016고단817
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【The Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Sungnam support of Sungnamwon on September 21, 2009, and on April 3, 2014, the Jeju District Court sentenced the same crime to six months of imprisonment with labor for the same crime and two years of suspended execution, etc., and has violated Article 44(1) of the Road Traffic Act at least twice.

【Criminal facts】 On April 24, 2016, the Defendant driven a Clearning car at approximately KRW 200 meters from the Do two ports near Jeju-si, where alcohol content is 0.139% under the influence of alcohol during blood at around 13:43.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of Acts and subordinate statutes, such as a response to inquiries, and copies of judgments, such as criminal history;

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 suspended execution;

1. Circumstances that are favorable to the determination of punishment as stated in the order, considering the following circumstances as the reasons for sentencing in Article 62-2 of the Criminal Act, such as protection and observation, community service, and lecture attendance order: The fact of crime and the unfavorable circumstances that reflects the fact of crime: The degree of alcohol content in blood at the time is higher than 0.139%, and the fact that there exists a history of criminal punishment for five times due to a violation of road traffic laws (4 times of punishment, suspension of execution of imprisonment, one time of suspension of execution of sentence): The circumstances of the instant driving, the fact that the instant driving is not caused by a traffic accident due to a simple drinking, the defendant's age, sexual behavior, environment, etc.

arrow