logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.07.12 2017고단1660
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On November 2, 2012, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking) at the District Court of the Republic of Korea on November 2, 2012, and a fine of one million won for the same crime at the same court on February 11, 2008.

around 00:25 on April 8, 2017, the Defendant driven a Cbee cruise car with alcohol content of about 0.182% among blood while under the influence of alcohol at a section of approximately 40m alcohol level from the street above the 143rd of the same city, Goam-dong, Goam-dong, Yangju-si, to the street above the 143rd of the same city.

Accordingly, the defendant was under the influence of alcohol and was punished twice or more, but he was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following extenuating circumstances among the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant had already been sentenced to three times a fine due to drinking driving and two times a licenseless driving prior to the instant crime for sentencing under Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures.

Nevertheless, the alcohol content in the blood was significantly high by 0.182%.

The Defendant sought a line to the effect that he only driven a short distance after receiving the contact to cut off the vehicle at the time. However, when considering the traffic accident, etc. at the time of the instant crime, the Defendant was driving on the premise that he was able to drive a locking vehicle, such as moving down two vehicles in consecutive order under a significantly impossible condition.

It is not easy to see.

However, the defendant is currently against the present situation.

arrow