logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2015.11.20 2015고단1263
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Article 148-2 (1) 1 of the Road Traffic Act punishs those who violate Article 44 (1) of the same Act not less than twice (persons who drive a motor vehicle, etc. not less than twice under the influence of alcohol) and drive a motor vehicle under the influence of alcohol. Thus, it is clear that it is clear that the defendant specified the date and time of driving a motor vehicle not less than twice in the past while under the influence of alcohol and recognized the same criminal facts as above, and it does not give any substantial disadvantage to the defendant's exercise of his/her right to defense even if the criminal facts are recognized, the criminal facts are

On March 8, 2013 and May 4, 2013, the Defendant, while driving a motor vehicle under the influence of alcohol on at least two occasions and violated Article 44(1) of the Road Traffic Act on at least two occasions. On July 5, 2015, at around 08:53, the Defendant driven the BM5 vehicle volume from the vicinity of the So-dong So-dong So-dong So-dong So-called So-called So-called BM5 vehicle to the front distance of the same Gu-young High School during a while he was under the influence of alcohol at least 0.184%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of statutes attached to written judgments;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The execution of a sentence shall be suspended in consideration of the circumstances such as the fact that the person was sentenced to a fine three times due to the drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act and the fact that the person was sentenced to a fine for the second time, and the blood alcohol level is high, etc., and the person was sentenced to imprisonment for a year, and the person was sentenced to a fine for a period not less than two years from the date the person was found to have been sentenced to the previous drinking driving, the fact that there was no record of imprisonment without prison labor or heavier punishment

arrow