logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2017.10.25 2017고단972
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

[criminal history] The Defendant received a fine of KRW 3 million as a crime of violating the Road Traffic Act (driving of Drinking) in the support of the Friwon Friwon Friju on December 18, 2015.

[Criminal facts]

1. On July 13, 2017, the Defendant, at around 22:53 on July 13, 2017, driven a D-to-purd vehicle under the influence of alcohol concentration of approximately 0.183% from the section of about 600 meters to the front of a gas station in the same city, from the front side of the Gangnam apartment located in Sejong-ro 254-6 at the time of the Gyeonggi-do in the middle of the Gyeonggi-do, to the front side of the gas station in the same city.

Accordingly, the Defendant driven a motor vehicle while under the influence of alcohol level of not less than 0.1% but less than 0.2%.

2. On July 16, 2017, the Defendant: (a) driven a D-to-pur motor vehicle under the influence of alcohol concentration of about 0.061% from the 3km section to the Samsung apartment, which is located in the 375 east-si, Sin-si, Sin-si, Sin-si; (b) around July 16, 2017, the Defendant driven a D-to-pur motor vehicle under the influence of alcohol concentration of about 0.061% from the 3km section to the roads of Samsung apartment in the same Sin-dong.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in the relevant driving and report on the detection of the driver involved in such driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of the statutes of the response request for appraisal;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)2, 44(1) (the drinking driving on July 13, 2017) of the Road Traffic Act, Articles 148-2(1)1, and 44(1) (the driving on drinking on July 16, 2017) of the Road Traffic Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances of sentencing under Article 62-2 of the Social Service Order Criminal Act and favorable circumstances, such as the defendant’s reason for sentencing, with no record of punishment heavier than that of a fine, such as the circumstances having the same record of committing the same crime, etc., the same sentence as

arrow