logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.11.23 2018고단2043
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 Records of Crimes】 On October 5, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating Road Traffic Act at the Seoul Eastern District Court, and KRW 2 million as a fine at the Seoul Central District Court on April 3, 2008.

【Criminal Fact-finding on July 13, 2018, the Defendant driven a BSpo-type car under the influence of alcohol content of approximately 0.251% in the 2km section from the 137-2mn-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu

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. Previous conviction: Application of a reply to inquiry, investigation report (the previous confirmation report) and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Code for the order to attend a lecture and the order to provide community service order had the record of punishment for driving under drinking twice, but the Defendant again driven under drinking, and the alcohol concentration in blood was very high at the time.

On the other hand, the defendant's mistake is against the defendant, and he was only driving under simple drinking without any particular damage.

The sentence shall be determined as ordered by taking into account all the factors of sentencing as shown in the pleadings of the instant case, such as the aforementioned circumstances and the distance from driving of drinking, the time interval between the previous drinking driving and the pertinent drinking driving, the age, sex, environment, family relationship, etc. of the Defendant, and the circumstances after the crime.

arrow