logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2018.07.26 2018고단387
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2007, the Defendant was sentenced to a summary order of a fine of one million won or more for a violation of road traffic law (drinking driving), on November 19, 2010, and a fine of 2.5 million won or more for the same crime, respectively, from the Suwon District Court’s House on September 24, 2014 to the same crime, and on September 24, 2014, the Defendant was sentenced to a suspended sentence of one year for six months.

On March 15, 2018, the Defendant driven a B benz car under the influence of alcohol content of about 0.090% in a section of about 7 km from around the restaurant of “Yantan-gu,” which was located in the Dom-si Eup in Ansan-si, Do-si, to the next below the Yan-do-ro highway, where the outside of the city is located in the cheon-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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

1. Selection of imprisonment with prison labor chosen;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There has been several records of punishment for the same crime, provided that the defendant did not cause traffic accidents, etc. due to the driving of the drinking of this case. - The defendant is against his mistake.

arrow