logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2015.01.16 2014고단922
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 2, 2008, the defendant was sentenced to a fine of 2.5 million won by the Incheon District Court for a violation of the Road Traffic Act, and on June 19, 2008, the same court was sentenced to a suspended sentence of 1 year by imprisonment for a violation of the Road Traffic Act.

【Criminal Facts】

On October 10, 2014, at around 22:05, the Defendant driven a DNA-learning car under the influence of alcohol content of about 500 meters from before the alcohol house to the front road of the modern member apartment house in the same route, where it is impossible to identify the trade name in the Song-si, Songjin-si.

As a result, the defendant was a person who violated the prohibition of drunk driving not less than twice and driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions: References to criminal records, investigation reports (reports attached to the same criminal records and summary orders, etc.), and application of respective Acts and subordinate statutes attached thereto;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., even though the defendant had been punished for drunk driving, he again drives the instant drinking, and taking into account the fact that the drinking water is considerably high, the nature of the offense is not good.

However, in light of the circumstances favorable to the defendant that the defendant is trying to refrain from driving under the influence of alcohol, and considering the defendant's age, occupation, health status, family relation, and criminal record, the punishment as stated in the Disposition shall be determined in consideration of various sentencing conditions stated in the records of this case, such as the defendant's age, occupation, health status, and criminal record, and the execution thereof shall be suspended, and the defendant shall take a part in social service and compliance

arrow