logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.04.19 2016고단2912
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

[criminal history] On July 31, 2012, the Defendant had the record of receiving a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking) at the Jeju District Court on July 31, 2012, and on April 18, 2013, the same court issued a summary order of 4.5 million won for a crime of violating the Road Traffic Act (drinking).

[Criminal facts] On November 25, 2016, the Defendant driven B Meca while drunkly under the influence of alcohol content of about 0.116% in the 3m section of the public parking lot 1st floor each day, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 54-ro 54, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

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

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant, other than before and after the judgment, have the records of having been punished several times for the same crime, taking into account all the circumstances such as the blood alcohol concentration at the time of the instant case, circumstances after the instant crime, and the Defendant’s age, shall be determined as ordered.

arrow