logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.03.21 2018고단379
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 26, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Seoul Eastern District Court on April 27, 2009, and was sentenced to a summary order of KRW 2 million for a crime of violating road traffic laws at the Seoul Central District Court on April 27, 2009, and was sentenced to a summary order of KRW 2 million for a crime of violating road traffic laws (driving) at least twice.

【Criminal fact-finding on January 10, 2018, the Defendant driven B SP vehicle under the influence of alcohol leveling to 0.080% of alcohol leveling from approximately 400 meters from the 400-meter radius to the front road of the Busan-si, Seocheon-si, Busan-si, Busan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Investigation report (verification of the same record as the suspect), application of summary order Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same 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 said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Based on the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions specified in the instant trial process, such as Defendant’s age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The alcohol concentration in blood shall not exceed 0.1%.

Finally, five years have passed since the defendant was punished.

D. Unfavorable circumstances: The crime of this case is likely to be committed again despite having been punished for the same kind of crime several times.

arrow