logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.01.31 2017고단4788
도로교통법위반(음주운전)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2007, the Defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act (drinking driving), and on April 9, 2009, the Defendant was sentenced to a summary order of three million won for a crime of violating the Road Traffic Act (drinking the measurement of drinking), and on May 8, 2014, the Defendant was sentenced to a summary order of seven million won for the same crime, etc. in the same court on May 8, 2014. On June 24, 2014, the Defendant was sentenced to a suspended sentence of two years and a fine of two million won for the same crime in the same court on June 24, 2014. On March 25, 2016, the Defendant was sentenced to a fine of two million won for the same crime.

On October 6, 2017, the Defendant driven a motor-free four-wheeled diab, without obtaining a motor device license, at approximately 0.125% alcohol content from the 1.5km section of blood, from around 21:30 around 21:30 to the front road of 75-6, Pancheon-si, the central road of Pancheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

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

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

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

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), subparagraph 2 of Article 155 and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant’s reasons for sentencing of Article 62-2 of the Criminal Act, namely, the blood alcohol concentration at the time of the instant crime, is very high as 0.125%, but the choice of a fine may also be considered by itself.

However, as shown in the previous record of the judgment, the Defendant was subject to criminal punishment by not only once but also four times in consideration of the influence of drinking or by refusing to measure drinking.

one of them.

arrow