logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.08.23 2018고단1010
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 19, 2012, the Defendant was sentenced to a suspended sentence of 8 million won for a violation of road traffic law at an ordinary military court of the 25th common military court of the Army on September 19, 2012, and two years for a suspended sentence of 8 months for a violation of road traffic law at a high-level court of the Jung-gu District Court on June 15, 2015.

On March 24, 2018, the Defendant driven an Oralba, while under the influence of alcohol content of about 0.213%, at around 00:22 on the same day from the front of the neighboring commercial building in the Seo-gu Bridge between Seosan and Seo-gu, Seo-gu, Busan to the front of the same day at around 00:22 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D (the occurrence of traffic accidents);

1. A survey report on actual condition, on-site photographs, notification of the results of crackdown on drinking driving, and a statement of the situation of the driver of the drinking;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (Attachment to relevant force) 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following circumstances for sentencing) of the Act on the Mitigation of Small Quantity is that the Defendant committed the instant crime again despite the fact that he/she had a history of criminal punishment, including the suspension of the execution of imprisonment, due to a crime of violating the Road Traffic Act, even though he/she had a history of criminal punishment three times, including the suspension of the execution of imprisonment, due to the crime of violating the Road Traffic Act. The risk of driving alcohol has been realized by causing an accident that shocks a taxi going into four lanes at the time of driving under the influence of alcohol while driving under the influence of alcohol, and causing an accident that shocks a taxi going into two lanes, while driving under the influence of alcohol, and the blood alcohol concentration is higher than 0.213%; the driving of alcohol is a crime that may cause serious damage to the life, body, or property of another person;

However, the fact that the defendant recognized the crime of this case and reflected in the crime of this case shall be considered as favorable to the defendant.

In addition, the defendant's age, sex, family relationship, and motive and motive of the crime.

arrow