logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.06.28 2017고단2714
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 29, 2017, at around 23:40, the Defendant violated the Road Traffic Act: (a) driven D C car free cars on the front of the gas station located in Seo-gu Incheon, Seo-gu, Incheon; (b) was under the influence of drinking by police officers belonging to the traffic safety division of the Incheon Seo-gu Police Station, and was under the influence of drinking, the Defendant violated the signal four times at approximately 3km from the front road of the Seo-gu Incheon, Seo-gu, Incheon, for the purpose of escape; (c) was under the speed of about 70 to 80km at a speed of about 30km per hour in the children protection zone located in the 30km section at a restricted speed; and (d) the central line was invaded once.

As a result, the defendant repeatedly caused traffic danger without justifiable reasons.

2. On March 29, 2017, the Defendant was under the influence of alcohol content of 0.255% during blood transfusion around 23:40 on March 29, 2017, the Defendant driven D car rental cars at the section of about 10km in the front of the Seo-gu Incheon Western-ro from the Do in front of the Kimpo Call Bureau in Kimpo-si to the front of the middle school due to a fire located in the Dong in Seo-gu, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the arrest report, internal investigation report and statement in the circumstances of the driver involved in the crime;

1. Relevant legal provisions concerning the facts constituting an offense and the driving of a motor vehicle on which the choice of punishment is difficult: The driving of a motor vehicle under drinking pursuant to Article 151-2 or 46-3 of the Road Traffic Act: Article 148-2 (2) 1 or Article 44 (1) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the fact that it is not good for the defendant to commit the crime such as making a scambling to avoid crackdown while driving in a high drinking condition, and that the defendant has the ability to punish drinking.

arrow