logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2014.05.08 2014고단316
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

[criminal power] On September 4, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court's House for the violation of the Road Traffic Act, and on October 14, 201, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act from the Suwon District Court's House for the violation of the Road Traffic Act.

【Criminal Facts】

On March 9, 2014, at around 21:25, the Defendant driven a B rocketing car owned by the Defendant under the influence of alcohol with approximately 0.056% alcohol concentration from the 1km section from the front of the Hembbb in the Dong-dong of the same city to the front of the Do-dong in the same city-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to a summary order of the same kind of power);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, committed the above crime again even though he had the record of punishment twice due to drinking driving, etc., the punishment for such crime is not easy.

However, the punishment shall be determined in consideration of various sentencing factors, including the defendant's age, occupation, family environment, criminal records, etc., including the fact that the defendant is recognized as committing a crime and the defendant has no criminal record exceeding the fine, and the sentence of suspension of execution is to be imposed on condition of probation and community service order.

arrow