logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2015.08.21 2015고단940
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

On March 23, 2009, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on March 23, 2009. On January 18, 2010, the Defendant was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Branch Branch on January 18, 201, and on August 20, 2012, the Defendant was sentenced to a fine of KRW 4 million by a fine for a violation of the Road Traffic Act (driving).

On May 1, 2015, at around 01:25, the Defendant driven a CK5 car under the influence of alcohol content of about 100 meters from the front of the restaurant in which it is impossible to identify the trade name in the Gungdong-gu Bongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu to the front of the Gungdong-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of his/her oral statement from a host driver;

1. Notice of the result of drinking driving control (electronic document);

1. Previous convictions in judgment: Criminal history records, investigation reports (Attachment of the same kind of power as a suspect), and application of Acts and subordinate statutes "two copies of summary orders and one copy of judgment (Evidence List No. 9);

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. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

1. Determination of imprisonment and statutory punishment shall be made by taking into account all the conditions of sentencing, including the criminal records of the criminal defendant for the reason of sentencing, blood alcohol concentration at the time of driving, distance of drunk driving and other criminal defendant's age, character and conduct, result of crime, circumstances after committing the crime, etc., and the execution of punishment shall be suspended additionally by ordering community service and compliance driving lecture.

It is so decided as per Disposition for the above reasons.

arrow