logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2013.10.10 2013고단1005
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

[criminal power] On December 11, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site on December 11, 2008, and on March 4, 2009, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act. The Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the same court on March 4, 2009.

【Criminal Facts】

On July 17, 2013, the Defendant, while under the influence of alcohol of 0.075% from blood alcohol level, driven BK5 car level within the one kilometer section from the roads in front of the mutual infung-si stability in Pyeongtaek-si to the roads in front of the same Eup’s emulation.g., the Defendant driven B K5 car level within the one kilometer section from the roads in front of the mutual infung-si stability.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The actual condition survey report;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act has a record of being punished three times due to drunk driving. On March 4, 2009, although the defendant was sentenced to a suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by dangerous driving) and the crime of drunk driving, he/she again was under the influence of drinking driving in this case, and thus, the responsibility

However, in consideration of the fact that the defendant's criminal act is against the recognition of the crime, the drinking alcohol of this case is not relatively high by 0.075%, the fact that there was no criminal record for 4 years after being sentenced to the same suspended sentence, and the fact that he reported the mother in the ambrison, a suspended sentence shall be imposed on the condition of probation and community service order through discretionary mitigation. It is so ordered as per Disposition.

arrow