logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.08.17 2016고단3580
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On May 20, 2010, the Defendant was sentenced to imprisonment with prison labor for one year, two years of suspension of execution, on January 5, 201, by the Incheon District Court for the violation of the Road Traffic Act, and six months of imprisonment with prison labor for the violation of the Road Traffic Act, and on September 11, 2013, by the Incheon District Court for the violation of the Road Traffic Act, and completed the execution of the sentence in the Ansan Prison on August 15, 2014.

[2] On May 20, 2016, the Defendant, while under the influence of alcohol content of 0.060% in blood around May 20, 2016, driven a vehicle by volume B of 500 meters from the day before the mutual influent restaurant located in the Seo-gu Incheon Seo-gu Incheon Metropolitan City to the front road located in the Cheongyang Dollt Jeju Island.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A previous conviction: A reply to inquiry, such as criminal history, a report on investigation (a previous conviction and attachment of a sentence, among the previous convictions in this case), a sentence, a report on investigation (a previous conviction and attachment of a summary order among the previous convictions in this case), a summary order, and the application of the Acts

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. In light of the fact that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act include four times the criminal records of drinking alcohol driving, and that there are two times the previous records of serving a sentence, and that the defendant repeats again during the period of repeated crime due to the same kind of crime, it is inevitable to sentence the defendant as a sentence.

However, the defendant does not commit a second offense through treatment, etc.

The punishment as ordered shall be determined by comprehensively taking account of the fact that the drinking value of this case is high, the fact that the drinking value of this case is not high, and all other factors of sentencing.

arrow