logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.01.20 2015고단2953
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On May 23, 2008, the Defendant received a summary order of KRW 1 million from the Seoul Northern District Court on the grounds of a violation of road traffic laws (drinking) and a fine of KRW 1.5 million from the same court on June 19, 2008 due to a violation of road traffic laws (drinking).

[Criminal facts] On September 3, 2015, around 07:16, the Defendant driven a Cpoter 2 truck under the influence of alcohol leveling to 0.089% of alcohol leveling from approximately 15 km to the roads in front of the Nowon-gu Seoul Special Metropolitan City Nowon-gu, Haak-dong 1, Hansan, Sinsan-dong.

Accordingly, the Defendant, who was punished twice or more due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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 53 and Article 55 (1) 3 of the Criminal Act to mitigate small quantities (see, e.g., reflectability, the fact that there is no criminal conviction or heavier than a suspended sentence, the degree of alcohol in blood, etc.);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

arrow