logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2017.02.16 2016고단887
도로교통법위반(음주운전)
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 30, 201, the Defendant issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Daejeon District Court on November 30, 201, and on April 30, 201, the Defendant had experience of being punished two times or more for a crime of violating the Road Traffic Act, such as receiving a summary order of a fine of five million won for the same crime from the same court on April 30, 201.

On November 17, 2016, at around 01:10, the Defendant driven a motor vehicle with alcohol level of approximately 0.181% during blood while under the influence of alcohol level from approximately 10 kilometers to the front road of the new carbon rate located in the Dong-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Although the suspended sentence under Article 62(1) of the Criminal Act requires a strict punishment repeatedly for driving under the influence of alcohol for the reason of sentencing, the sentence shall be imposed only once in consideration of all the sentencing conditions, such as the Defendant’s age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime, etc., and the sentence shall be determined as ordered.

arrow