logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.05.31 2018고단995
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 16, 2015, the Defendant was issued a summary order of KRW 5 million by the Ulsan District Court to a fine of KRW 5 million due to a violation of road traffic laws, and a summary order of KRW 5 million by the Ulsan District Court on November 18, 2015 to a fine of KRW 1 million due to a violation of road traffic laws.

As above, Defendant 1, who violated Article 44(1) of the Road Traffic Act more than twice, was driving D 2 truck while under the influence of alcohol leveling 0.159% from a section of about 500 meters to a hotel in front of the hotel located in the same Ri, from the front side of the D 13 April 13, 2018, when he was under the influence of alcohol leveling from around 500 meters to the day before the hotel located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. To inquire into the results of arresting drivers of drinking, making a report on the situation of drivers of drinking, notifying the results of regulating driving of drinking, reporting the circumstances of driving of drinking, and regulating driving of drinking;

1. Making teas;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history, investigation report (the confirmation of the previous history), previous convictions in disposition, and summary order;

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. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight: The reason why the punishment is strictly required in light of the risk of driving alcohol; the alcohol level in blood is 0.159%; the history of the punishment of the instant crime is 0.159%; the record of the punishment of the instant crime is 2 times; the fact that the instant crime was committed without being aware of the fact that the instant crime was committed during the period during which the instant crime was suspended due to the instant crime; the fact that the Defendant made efforts to prevent recidivism, such as disposing of the instant vehicle after the instant crime and receiving pharmacologic; the fact that there is a child who should be brought up; the fact that there are other various sentencing conditions as indicated in the records and changes, such as the motive, background, driving distance, family relationship, etc. of the instant crime.

arrow