logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.06.16 2015고단629
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 power] On January 2, 2012, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (driving) at the Jung-gu District Court on January 2, 2012, and a fine of KRW 7 million for the same crime in the same court on December 14, 2012, respectively.

【Criminal Facts】

On February 10, 2015, the Defendant was under the influence of alcohol of 0.118% in blood alcohol concentration at around 21:35, the Defendant driven B Poter cargo at the section of approximately 500 meters in front of the new intersection of the 884-lane, Namyang-si, Namyang-si, the Namyang-si, the Yangyang-si, the Namyang-do.

As a result, the defendant has driven a motor vehicle under the influence of re-driving even though he has been under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (to select imprisonment with prison labor, taking into account the fact that there are two times for drunk driving, two times for drunk driving without a license, two times for driving without a license, and one time for driving without a license after 2008);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 201

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

arrow