logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.09.26 2017고단3515
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by six months of imprisonment.

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

Reasons

Punishment of the crime

[criminal history] On September 11, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and on September 2, 2014, the same court issued a summary order of KRW 4 million for the same crime.

[2] On August 6, 2017, the Defendant driven a coo car in the section of about 10km from the road front of the house in which it is impossible to find out the trade name in the main body of the Young-gun, Yong-gun, Nam-gun, Nam-gun, Nam-gun, the Defendant, while under the influence of alcohol at around 0.169% of the alcohol level during blood transfusion, to the third road front of the death death distance in the Nam-gun, Young-gun, Young-gun, the Defendant driven a coo car in C.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

The defendant needs to receive medical treatment for a branch of a disease.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is considerably high, and the crime of this case is repeated despite the fact that he/she has been punished three times due to drinking driving.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.

arrow