logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.05.31 2016고단661
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2016, at around 03:45, the Defendant driven a typ vehicle B in the state of alcohol alcohol concentration of 0.098% at a section of approximately 1.21km from the street world near the Mapo-gu Seoul Mapo-gu public morals market to the hotel underground parking lot, regardless of the same Mapo-gu, and around 58 meters from the hotel underground parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 3 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 (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has already been punished five times or more, including a suspended sentence due to drinking driving, and again, the drinking alcohol driving of this case was conducted again, and the drinking alcohol level is not less than 0.098% and so there is a need for a strict punishment corresponding thereto.

However, in consideration of the fact that the defendant repents his mistake, the fact that the above drinking driving force has somewhat passed, and the recent five years have no criminal history, the punishment shall be determined to suspend the execution of imprisonment as above.

arrow