logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.03.29 2018고단82
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 February 5, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Flag Flag method Board, KRW 1.5 million for a fine of KRW 1,500,000 for the same crime from the Seongbuk Flag support on June 16, 201, and KRW 5 million for a fine of KRW 5 million for the same crime from the Sungnam Flag support on January 5, 2015.

On December 27, 2017, around 01:35, the Defendant driven B rocketing 1.12% of alcohol content at the section of approximately 1.5km from the 119 literature of Songpa-dong, Songpa-gu, Seoul to the front roads of the 446-4 charcoal of the same Gu to the Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous conviction in judgment: An investigation report (Attachment of the previous one and a certified copy of the summary order), inquiry report about criminal history, and application of 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. 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 unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A strict punishment is required in light of the risk of driving alcohol, the driving of the instant drinking even though three times of the past records that have been punished by a fine due to the same kind of crime, the degree of alcohol concentration in the blood is high: 0.112%, and the circumstances favorable to the higher: the driving of the instant drinking; the fact that the instant drinking did not cause a traffic accident due to the instant drinking; the fact that there was no record of criminal punishment heavier than the suspension of the execution; and the fact that there was no record of criminal punishment heavier than the suspension of the execution of the execution of the sentence, and other various sentencing conditions shown in the records and changes theory, including the motive and background of the crime, means of the crime

arrow