logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.07.16 2015고단1832
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 7, 2006, the Defendant was sentenced to a suspended sentence of three months for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on August 7, 2006. On May 4, 2007, the Defendant was notified of a summary order of five million won by a fine for a violation of the Road Traffic Act (driving) at the Jungwon District Court on February 5, 2009. On October 19, 2012, the Defendant was sentenced to imprisonment of four months for a violation of the Road Traffic Act (driving without a license) at the Seoul East East District Court on February 15, 2013. The sentence was completely executed on February 15, 2013.

On February 14, 2015, the Defendant driven C TRa XG mar with a blood alcohol content of about 0.179% at a distance of about 5 km from the front of the Fladon-do 482-2 Fladon-do Do to the front of the Fladon-do Do, in addition to Sincheon-si around 18:20, the Defendant was under the influence of alcohol at approximately 0.179%.

As a result, the Defendant, who had a driving force twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the state of his/her primary driving, the state of his/her statement;

1. Previous records of judgment: Application of Acts and subordinate statutes of criminal records, reference reports (A) and investigation reports (a copy of judgment, etc.);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime even though he/she had the record of having been punished several times, including imprisonment for the same kind of crime, during the period of repeated crime even though he/she had been punished several times, and that the blood alcohol concentration is relatively high, etc., the Defendant shall be sentenced to a sentence.

However, the defendant's mistake is divided and reflected, and the elderly and children who should support are obliged to support.

arrow