logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.07.03 2014고단3361
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 of the final judgment.

Reasons

Punishment of the crime

The defendant was sentenced to a suspended sentence of six months at the Incheon District Court on September 8, 2008 for the crime of violation of the Road Traffic Act, etc., and was sentenced to a fine of three million won in the same court on February 15, 2008.

On 22:50 on 28:20 on 2014, the Defendant driven B knit vehicle within about 10 kilometers from the roads near the Yancheon-gu, Busan to the roads front of the 143 Sin oil (CU) convenience store in Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, and investigation reports (attached to judgment);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences by law: Imprisonment for one year to three years; and

2. Determination of sentence: Imprisonment with prison labor for one year, two years of suspended sentence, community service, 80 hours in community service, 40 hours in order to attend a lecture (limited to a reasonable circumstances) appears to make it difficult for children to live, and social ties are clear. [In spite of the past record of suspended execution due to the same kind of crime (three times of drunk driving at the time of drunk driving), repeated crimes, the detection of the instant case was made by deceiving the vehicle in front of the signal transmitted by the defendant, other than the criminal records stated in the judgment, and the criminal records, other than those stated in the judgment, have been punished twice as fines for non-exclusive driving on April 21, 201;

arrow