logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.05.26 2014고단1326
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

On January 12, 2011, the Defendant was sentenced to a suspended sentence of 2 months with imprisonment for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Dong Branch. On February 20, 2009, the Incheon District Court issued a summary order of 2.5 million won for a violation of the Road Traffic Act (driving), and on November 28, 2005, issued a summary order of 1.7 million won by a fine at the Seoul Central District Court's Seoul Central District Court for a violation of the Road Traffic Act (driving) and was punished twice or more for a violation of the Road Traffic Act (driving).

On December 25, 2013, at around 01:16, the Defendant driven a car with a DNA window at approximately 0.067% alcohol concentration in the section of approximately 200 meters from the front of the Scarto the front road of the Scarton Mole in Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (Attachment to the same type of judgment);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of 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 under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence for two years, community service order for 80 hours, order to attend a compliance driving lecture for 40 hours (holy under the circumstances) and the defendant's reflectivity, a relatively low blood alcohol concentration (0.067%) / [unjustifiable circumstances] three times the alcohol driving force, and majority of the records of other crimes under suspended execution or higher;

arrow