logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.06.10 2014고단1044
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2014, at around 19:10, the Defendant driven B rocketing car in the state of alcohol alcohol concentration of 0.214% from the road located in Yyang-dong, Dobong-gu, Seoul to the road in front of the Dobong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

The reason for sentencing is that the defendant, even though he had the record of being punished by a fine due to drinking driving in 2012, drives a vehicle in the state of high drinking of 0.214% at the same time. However, the defendant seems to have against his mistake, the defendant has no record of punishment beyond the fine, the defendant does not proceed to a traffic accident other than drinking driving, and the defendant's age, family relation, character and behavior, environment, history, motive of the crime in this case, circumstances leading to the crime in this case, etc. shall be determined by taking into account the various circumstances shown in the arguments in this case, such as the circumstances after the crime.

arrow