logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.01.09 2018고단7263
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 24, 2014, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1 million, and on April 26, 2016, a summary order of KRW 5 million was issued by the same court as a crime of violating the Road Traffic Act.

【Criminal Facts】

On October 6, 2018, at around 22:25, the Defendant operated a DNA liquid 20km vehicle from the front of the Incheon Bupyeong-gu Incheon Bupyeong-gu B to the front of the Incheon Jung-gu Cbuk-gu, Incheon, with approximately 0.130% of alcohol level, while under the influence of alcohol level of 0.130%.

As a result, the Defendant, who violated two times or more of drinking driving, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of criminal records and investigation reports (former and binding of criminal orders) Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considering circumstances, such as the fact that he/she reflects the punishment, the fact that he/she has no criminal record of imprisonment without labor or heavier punishment, and the fact that he/she disposes of the

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Social service order under Article 62-2 of the Criminal Act;

arrow