logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.06.23 2016고단759
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 23, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on July 23, 201, and a summary order of KRW 4 million for the same crime from the Suwon Friwon on April 9, 2012.

around 23:00 on February 19, 2016, the Defendant driven a vehicle with alcohol content of about 500 meters from a section of about 500 meters to a female in the roads of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, with alcohol content of 0.189% under the influence of alcohol.

On December 24, 2015, the Defendant driven a B-hurd vehicle under the influence of alcohol concentration of about 0.223% in the section of about 20km from the area near the Dong-gu, Seoyang-gu to the 406.2km adjacent to the west-gu, Sungnam-si, Manam-si, Manam-si, Manam-si, Seoul-si, while under the influence of alcohol concentration of about 0.23% in the blood.

Summary of Evidence

[2016 Highest 759]

1. Statement by the defendant in court;

1. Inquiries about the details of crackdown and the results of crackdown on drinking driving;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (2016 highest 1517);

1. Statement of the defendant in the first trial protocol of the Incheon District Court 2016 High Court Order 1114 case;

1. Notification of drinking control results, and application of the Acts and subordinate statutes of a response request for appraisal;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances that are favorable for the reasons of sentencing under Article 62-2 of the Criminal Act, such as observation of protection and orders to provide community service and attend lectures: A person who has no previous offense in addition to punishment for three times by a fine;

In light of the above, there is a possibility that human life damage may occur, such as the fact that there is a career of driving under drinking twice, the fact that it was controlled twice or by drinking between the two months, the fact that there was a risk of accident by stopping on one lane on the road (2016 high group 759), the fact that there was a risk of accident by stopping on the road (2016 high group 759), the driver is driving on an expressway after drinking.

arrow