logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2016.06.15 2016고단281
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 14, 2007, the Defendant was punished twice or more due to drinking, by receiving a summary order of KRW 2 million from a fine of KRW 1,500,000 due to a violation of road traffic law (driving) from the Gangwon District Court’s Gangnam Branch on May 14, 2007; on October 15, 2007, the same court issued a summary order of KRW 1,50,000 due to the same offense in the same court; on December 5, 2011, the Defendant was punished by a summary order of KRW 4 million due to the same offense; and on February 21, 2016, the Defendant driven freight at approximately 50,000 in the section of Gangwon-si rockam while under the influence of alcohol at KRW 0.130% from alcohol level among the blood alcohol around 11, 201.

The Defendant, as above, driven a motor vehicle under the influence of alcohol even though he violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal;

1. Notification of the results of regulating the driving of drinking alcohol, a situation report on the driver of drinking alcohol, and a report on the detection of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment report, such as judgment, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount, etc.);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection [the scope of applicable sentences] 6 months to 1 year and 6 months / 1 year and 6 months / 1 year and 6 months / 6 months / 6 months / her driving under drinking is not good for committing a crime again. However, the execution of a sentence is suspended on the condition that it shall be protected and observed by taking into account the fact that it is against nature

arrow