logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.13 2017고단1173
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[criminal history] On March 12, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and on July 18, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of road traffic law in the Suwon District Court on July 18, 2013, and the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law.

[2] On February 11, 2017, the Defendant: (a) driven the B K5 car at the parking lot for the “OK Savings Bank” located in Suwon-si, Suwon-si, 1038-14, an Suwon-si, with approximately 0.181% alcohol concentration among blood, while under the influence of alcohol, and driving the B K5 car at approximately 10cm.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, summary order, and copy of the judgment text, such as criminal history, etc.;

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. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The Defendant’s operation of the instant vehicle is short of the distance.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

At the time of the instant crime, the alcohol concentration among the blood of the Defendant is 0.181% high.

The defendant has been sentenced to the two-year suspended sentence for six months of imprisonment due to driving of light drinking in 2013 and has been sentenced to a fine three-time due to driving of drinking.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the sentence is inevitable. As such, the sentence is to be determined as ordered by the Defendant.

arrow