logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.06.08 2016고단186
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 23, 2016, the Defendant was sentenced to a suspended sentence of one year on June, 2016 on March 31, 2016, due to a violation of road traffic law in the support for the safeness of the methods of water sources. The above judgment was finalized on March 31, 2016.

On November 30, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court on November 30, 2009, and a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag and the Ansan Flag on September 14, 2015.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven B rocketing car under the influence of alcohol content of about 0.163% from around 50 meters from the 01:07 Sinsi-dong, Ansan-si to the front road of Sinsi-dong Sports Park at Sinsi-si on September 19, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of inquiries in response to inquiries, such as criminal history, two copies of a summary order, text of a judgment, and inquiry into the detailed Acts and subordinate statutes of the case;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The grounds for sentencing under Article 62-2 of the Social Service Order Act, including the protection and observation, and the provision of a community service order, were the Defendant’s control over drinking three times only in September 2015, while the Defendant is against the Defendant, and the Defendant was punished for drinking once before September 2015, and the Defendant was judged at the same time as the offense of violation of Road Traffic Act (driving of Drinking) in the first head of the crime of the judgment that became final and conclusive, shall be determined as the order by comprehensively taking account of the following factors: equity between the Defendant’s age, sexual behavior, home environment, motive and circumstance of the crime, and the circumstances before and after the crime.

arrow