logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.05.19 2016고단708
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal history] On September 7, 2007, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a crime of violating the Road Traffic Act (drinking driving), etc. at the Gwangju District Court, and on December 3, 2010, the Defendant was issued a summary order of KRW 1.5 million by the same court for the same crime, etc., and has violated Article 44(1) of the Road Traffic Act at least twice.

[2] On January 15, 2016, around 23:39, the Defendant driven a B-Adi vehicle under the influence of alcohol with approximately 500 meters alcohol concentration at the section of approximately 0.185% from the 500 meters away from the buckbucks, coffee shop, which is located in the Seo-gu, Seo-gu, Gwangju to the regular road located in the same regular course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history, application of summary order and text 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. There is a record of punishment several times including probation due to the observation of protection, the order to provide community service and attend lectures, the reason for sentencing Article 62-2 of the Criminal Act, and the driving of drinking alcohol.

In blood, alcohol concentration is high.

However, there is no criminal record exceeding a fine after 2008.

In addition, comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).

arrow