logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2018.09.05 2018고단658
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal history] On September 30, 2009, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) from the Gunsan Branch of the Jeonju District Court on September 30, 2009, and a summary order of KRW 3 million for the same crime in the same court on September 24, 2012.

[2] On May 25, 2018, the Defendant driven a coo vehicle in B while under the influence of alcohol leveling approximately 0.128% from the section of approximately 1km to the slurgian road located in 03:00 on the same day from the front day of the sand station in Yasan-si, Yasan-si, Yasan-si to the 03:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (a summary order, etc. of the same type of force);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case again even though he had the same criminal history, it is more favorable that the defendant committed the crime of this case.

Considering the degree of alcohol level of the defendant's blood alcohol level at the time of such circumstances and drinking, the sentencing conditions as the defendant's age, sexual behavior, environment, motive, means and result of the crime, etc. are determined as ordered by considering the sentencing conditions as shown in the arguments.

arrow