logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.07.25 2014고단996
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

On May 7, 2014, at around 00:05, the Defendant driven C C in the state of under the influence of alcohol content of about 100 meters from the front of the restaurant in the name of the Seodaemun-gu, Seosan-si to the neighboring road of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he was punished by the force of the same kind or kind similar in the past, and the blood alcohol concentration was high, thereby causing a very dangerous danger. It is highly necessary to punish the Defendant in light of the following: (a) the vehicle actually driven by the Defendant has shocked the divers and caused an accident.

However, the execution shall be suspended only once, taking into account all the circumstances such as the defendant's economic situation and family relation, with no particular power after around 2003, there is no power above the suspension of execution, the defendant's own awareness of the risk of drinking driving and not re-offending.

It is so decided as per Disposition for the above reasons.

arrow