logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.08.24 2018고단1535
도로교통법위반(음주운전)
Text

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

However, the execution of the above sentence shall be suspended between two and half years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a violation of the Road Traffic Act (drinking driving), and on March 20, 2013, the Defendant received a summary order of KRW 5 million from the Incheon District Court to a violation of the Road Traffic Act (drinking driving).

On June 4, 2018, at around 02:10, the Defendant driven a BN city car with approximately 500 meters alcohol content 0.175% under the influence of alcohol level from the front side of the Chowon in the Seocho-gu Jeju Jeju Jeju Jeju Jeju District, to the front side of the Jeju Jeju District, Jeju District, Jeju District, to approximately 500 meters in alcohol level 0.175%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Control photographs;

1. Voluntary accompanying report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

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 suspended execution;

1. The punishment shall be determined by comprehensively taking account of various circumstances, including the defendant's age, environment, family relationship, and the circumstances that are favorable to the defendant for sentencing under Article 62-2 of the Criminal Act (the fact that the crime of this case is committed against the defendant) and unfavorable circumstances (the fact that the alcohol level was high at the time of the crime of this case, the defendant was unable to normally drive to the extent that the police officer was dispatched after receiving a report of the depth of drinking, and the defendant had the record of criminal punishment twice of the same crime, including the record of criminal punishment on the same kind of crime) and other various circumstances, including the defendant's age, environment, family relationship, and the circumstances after the crime committed at the time of control, which are the conditions for sentencing specified

arrow