logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2014.05.29 2014고단405
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 May 22, 2009, the Defendant was issued a summary order of KRW 2.5 million by the Seoul East Eastern District Court, and KRW 1.5 million by the Suwon District Court on July 22, 201, and a fine of KRW 1.5 million by the same crime, respectively.

【Criminal Facts】

On March 20, 2014, at around 23:00, the Defendant driven a BFststet car under the influence of alcohol content of 0.147% from the front parking lot of the BFstet car, i.e., “alternative movable property” to the front road of approximately 1 Km from around 349-1 of the same Ri to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished twice due to drinking alcohol and driving without a license, once again commits the above crime, etc., the punishment for the crime is not weak.

However, the punishment shall be determined in consideration of various sentencing factors, including the defendant's age, occupation, family environment, criminal records, etc., including the fact that the defendant is recognized as committing a crime and the defendant has no criminal record exceeding the fine, and the sentence of suspension of execution is to be imposed on condition of probation and community service order.

arrow