logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.09.06 2018고단1467
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 30, 2014, the Defendant was sentenced to a fine of KRW 4.5 million for a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on December 30, 201, and a fine of KRW 1.5 million for a violation of the Road Traffic Act (dacting driving) in the same court on April 5, 2016.

Nevertheless, on June 4, 2018, the Defendant driven B K5 cars under the influence of alcohol with approximately 700 meters alcohol concentration of about 0.117% from the 700-meter section from the front apartment road in the East apartment road in the Yacheon-si Yacheon-si, Sincheon-si, to the reputation letter letter or front road in the same city ordinances.

As a result, the Defendant driven a motor vehicle under the influence of re-driving on more than two occasions, even though he had a history of driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 suspended execution;

1. An order to attend a lecture or to order community service order under Article 62-2 of the Criminal Act, taking full account of the defendant's previous punishment records, the amount of alcohol concentration in blood transfusions, whether traffic accidents occur, the distance of driving a motor vehicle accident, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and other various circumstances that constitute the sentencing as shown in the records and the previous theories, such as the circumstances after the crime, etc., and the sentence as ordered.

arrow