logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2018.05.30 2018고단209
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On August 13, 2009, the Defendant was issued a summary order of a fine of KRW 4 million due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court on August 13, 2009, and on June 18, 2015, the same court was sentenced to imprisonment for a violation of road traffic law and a suspension of execution on at least two occasions for a violation of drinking law.

Nevertheless, on February 2, 2018, the Defendant driven B Rab cargo under the influence of alcohol content of approximately 0.074% from around 250 meters to the front road of the Seosan Public Health Center located in Seosan Park, which was located in the Seosan City Park around 01:00 to Seosan City Park.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the report on the details of the drinking control, the notification of the results of the drinking driving control, the statement of the situation of the driver under driving, the notification of the completion of correction, and the ledger of the use of drinking meters

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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 suspended execution;

1. The reasoning for sentencing under Article 62-2 of the Criminal Act, including protection and observation, community service, and order to attend lectures, alcohol concentration in the blood of the instant case, the same kind of criminal records, reflects the nature of the Defendant’s age, environment, sexual conduct, motive, means and consequence of the crime, and all sentencing factors specified in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as the order.

arrow