logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.10.19 2018고단1911
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 29, 2012, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating road traffic law in the support of the Daejeon District Court on the Incheon District Court on November 29, 2012. On August 14, 2014, the Defendant was sentenced to a suspended sentence of two months for a period of seven months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the event of death or injury caused prior to the occurrence of danger) and a violation of road traffic law.

As above, even if the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a D rocketing car under the influence of alcohol content of approximately 0.185% from the 100-meter section to the front road of the ASEAN elementary school located in the ASEAN-si, where the name located in the ASEAN-si Credit Francison around July 3, 2018 to the front road of the ASEAN-si where it is impossible to identify the name at around 07:00.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Previous convictions in the judgment: A written reply to inquiry, such as criminal history, (A), investigation report ( inquiry about the history of driving a motor vehicle by suspect), summary order, and application of the statutes of the judgment;

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. 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. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was that the Defendant had been punished twice for traffic-related crimes, including drinking driving, as stated in the judgment before the judgment. However, the Defendant driven a motor vehicle with a very high alcohol concentration during blood.

However, the defendant acknowledges his mistake, and there is no record of punishment except for the previous conviction in the judgment.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

arrow