logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2017.09.13 2017고단592
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal history] On August 19, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court, and on May 17, 2017, the Defendant was issued a summary order of KRW 6 million for the same crime.

[2] On May 14, 2017, the Defendant driven a bicycle with C C C 100 motor device under the influence of alcohol leveling 0.180% from approximately 90 meters to C 10% in alcohol leveling from May 14, 2017 to C 10% in the direction of the Central City City Mayor 1-3, 32-14, 33, 46, 400, 400, 2003.

Although the Defendant had been punished as a crime of violating the Road Traffic Act (drinking) more than twice, the Defendant driven a motor vehicle, etc. under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver under the influence of alcohol, report on the situation of the driver under the influence of alcohol, relevant photographs, inquiry into the results of crackdown on the driving of alcohol, and investigation report (the distance of the driver

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order-making statute;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the circumstances favorable to the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, Article 62-2 of the Social Service and Order to Attend Education Act, Article 59 of the Act on the Observation, etc. of Protection, etc., the fact that there is no previous conviction exceeding the fine of the defendant, the fact that the blood alcohol concentration is considerable, the defendant was exposed to the same kind of crime on April 6, 2017, and the defendant committed the crime of this case without being informed of the fact that the defendant was exposed to the same crime on April 6, 2017 (Provided, That the driver's license of the car at the time, however, takes into account the fact that the driver drivens a bicycle for the same kind of electric power, and

arrow