logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.08.13 2014고단1038
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 30, 2007, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on May 30, 2007, and on April 2, 2009, to imprisonment with prison labor for the same crime and two years of suspended execution.

On May 12, 2014, at around 03:55, the Defendant driven a Crens car under the influence of alcohol content of approximately 30 km at approximately 0.096% of alcohol content to the point at which the mid-gu, Gangdong-gu, Seoul is at the vicinity of the modern department store located in Thecheon-gu, Gangdong-gu, Seoul.

Therefore, even though the Defendant had been punished for drinking driving more than twice, the Defendant was driving under the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (refinites, such as copies of written judgments);

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was sentenced to a four-time fine from 2001 to 2007 for a drunk driving, and the defendant once sentenced to a suspended sentence of imprisonment for a drunk driving in 2007, again driven a considerable distance on an expressway even after being sentenced to a suspended sentence of imprisonment for a drunk driving in 2009.

As the defendant has been punished several times for committing the crimes of this case and different types, he/she is suspected of complying with the social norms of the defendant.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

arrow