(영문) 대전지방법원 천안지원 2016.01.22 2015고단913

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2016.01.22 2015고단913

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 December 24, 2012, the Defendant was issued a summary order of KRW 5,00,000 for a violation of road traffic law (driving alcohol), etc. on the grounds of a violation of road traffic law, and on October 28, 2013, the Defendant was issued a summary order of KRW 1,00,000 for the same crime in the same court.

On May 2, 2015, the Defendant was under the influence of alcohol content of 0.150% during blood transfusions. On May 22, 2015, the Defendant driven a vehicle B with low alcohol in the middle of approximately 3km from the front of a mutual influent restaurant located in the north-gu, Seoan-gu, Seoan-gu to the front of the “bring-ro fishery” located in the same 7km-ro 39.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. An accident scene photograph;

1. Previous convictions: Application of Acts and subordinate statutes to a computer inquiry request or a report accompanied by the same summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The fact that the defendant, who was sentenced to punishment for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, was actually involved in an accident involving drinking, shall be determined by considering the unfavorable circumstances or mistakes, and the favorable circumstances such as only the power that was punished twice by a fine, etc. shall be determined and the execution of the sentence shall also be suspended.

참조조문

유사 판례

-대전지방법원 천안지원 2018.11.29 2018고단1703

-서울서부지방법원 2018.11.08 2018고단2842

-서울북부지방법원 2017.11.28 2017고단4329

-수원지방법원 2018.12.12 2018고단4404

-대전지방법원 천안지원 2018.12.20 2018고단2717