logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.08.14 2018고단2286
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for nine 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 July 14, 2008, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (drinking driving), etc. on the support for the safe use of a means of water source, and on November 19, 2012, the Defendant was issued a summary order of a fine of four million won for the same crime in the same court on the same day, and on March 17, 2015, issued a summary order of eight million won for the same crime by the same court on the same day on the same day and violated Article 44(1) of the Road Traffic Act on at least two occasions.

On May 7, 2018, the Defendant driven a Cpoter-II vehicle with approximately 2 km from the Company of the Party in Spocheon-si B to the vicinity of the Il-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (hereinafter “Apoter-dong-dong-dong-si”) under the influence of alcohol content 0.128%.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. 작량 감경 형법 제 53 조, 제 55조 제 1 항 제 3호( 이 사건 운전 시각은 10:45 인데, 피고인은 전날 마신 술이 어느 정도 깼다고

I think that the driver has been driving and has weak degree of intention to drive under the influence of alcohol, there is no previous conviction in excess of the fine, and considering the reflection of it).

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, with the reason of sentencing Article 62-2 of the Criminal Act, repeated the instant drinking driving even though the Defendant had a previous and three times of drinking alcohol driving.

다만 이 사건 운전 시각은 10:45 인데, 피고인은 전날 마신 술이 어느 정도 깼다고

The punishment shall be determined by comprehensively taking into account the following factors: (a) the degree of intention to drive under the influence of alcohol is weak; (b) the degree of intention to drive under the influence of alcohol exceeds the fine; (c) the reflection of blood; and (d) the concentration of alcohol in blood obtained from blood extraction; and (c) the alcohol concentration in blood obtained from pulmon

arrow