logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.06.03 2014고단438
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Attachment] On February 21, 2013, the Defendant was sentenced to six months of imprisonment by the Jeju District Court for a violation of the Road Traffic Act (driving) and completed the execution of the sentence in the Jeju Prison on August 23, 2013.

【Criminal Facts】

The Defendant, at the Jeju District Court on June 27, 2012, was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act, and on June 27, 2007, the above court was sentenced to a prison term of four months for the same crime, etc.

On March 27, 2014, the Defendant was under the influence of alcohol of 0.096% of blood alcohol concentration at around 19:00, and the Defendant was driving a le-light car at the section B from the front of the “An eco-experience village restaurant” located in the Hanpo-si, Hanpo-si, Hanpo-gu, Hanpo-do, to the 1km forest large street at approximately 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry and inquiry report on the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: An investigation report (a report confirming the expiration of the term of punishment for a suspect), application of Acts and subordinate statutes concerning personal identification and confinement;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; Selection of imprisonment;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Discretionary mitigation: Determination of sentence as ordered by considering all the following circumstances with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., factors to be considered in the circumstances of crime): The fact of crime is recognized and seriously reflects the fact of crime; the blood alcohol concentration is not high; the defendant’s career experience (as volunteer activities related to rehabilitation), which is disadvantageous to the Minister of Justice): After completing the execution of imprisonment due to the same kind of crime; the defendant committed the crime in this case during the period of the repeated crime; the defendant committed the crime in this case during the suspension of the execution of the sentence; the defendant’s age, health status (class 4), etc.; and other criminal records of the same kind, including multiple times of suspended sentence, are the same as the defendant’s age and health status

arrow