(영문) 광주지방법원 해남지원 2016.09.22 2016고단329

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 해남지원 2016.09.22 2016고단329

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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] On December 19, 2013, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court of Gwangju District. On December 30, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) from the Southern Branch of the Gwangju District Court of Gwangju District Court.

[2] Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (driving of Drinking), Defendant 1 driven B K7 cars under the influence of alcohol level of about 0.096% in the section of about 10km from the insular bank to the sular intersection of the west-gun, Namnam-gun, Namnam-gun, Seoul-do on August 2, 2016, when he had been under the influence of alcohol level of about 0.096% in the area of 10km from the sular bank to the sular intersection of the west-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the details of the control, the statement of the situation of the driver driving, and the results of the crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes (Attachment to the previous and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant committed the instant crime even though he/she had been subject to three times or more due to drinking, there is a need to strictly punish him/her; however, the suspension of execution shall be sentenced in consideration of the fact that the defendant reflects his/her gender, and

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

-형법 제62조 제1항

유사 판례

-광주지방법원 해남지원 2016.06.23 2016고단112

-광주지방법원 해남지원 2017.08.24 2017고단235

-광주지방법원 해남지원 2016.03.10 2015고단532

-광주지방법원 해남지원 2017.11.09 2017고단329

-광주지방법원 해남지원 2016.07.07 2016고단185