logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.10.06 2016고단2398
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 20, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in Ansan Branch of the Suwon District Court on March 20, 2012, and on April 18, 2012, the same court issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act.

【Criminal Facts】

At around 06:00 on July 9, 2016, the Defendant driven a B-teme car while under the influence of alcohol level of about 30 meters at approximately 0 meters on the road in the public parking lot No. 2 in Ansan-gu, 540-6, Ansan-si, 540-6.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the record of the result of drinking alcohol measurement and the report on the situation of driving under the influence of alcohol;

1. Photographs;

1. Previous convictions indicated in judgment: Criminal history records, inquiry report (Attachment of a summary order attached to the same type of power), application of Acts and subordinate statutes of the summary order;

1. Relevant statutory provisions for criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (with respect to the fact that the blood alcohol level of the defendant was 0.17% at the time of the crime of this case, and that the defendant has been punished for the same kind of crime twice as indicated in the judgment of the court, considering unfavorable circumstances, such as the fact that the defendant has served

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into consideration favorable circumstances, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake, and that the defendant has no criminal records exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the forward consideration shall be repeatedly given in favor of the former);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

arrow