logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.09.05 2017고단1101
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 11, 2008, the Defendant was issued a summary order of a fine of one million won for a crime of violating road traffic laws at the Jeonju District Court on March 11, 2008, and on January 15, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime at the Jeonju District Court on January 15, 2013.

On April 30, 2017, the Defendant, while under the influence of alcohol at around 0.20% in alcohol during blood, driven a vehicle of 15 meters from the Sinsan-dong in the Jeonju-si to the front day of 11 in the same Gu’s examination.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Selection of a sentence of imprisonment with prison labor under 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. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act for the reason of sentencing has already been punished three times due to drinking, and in particular, the punishment of suspended sentence has already been imposed and the punishment of suspended sentence has already been imposed. Nevertheless, the driving of drinking at multiple times is also conducted, taking into account various circumstances, such as the Defendant’s age, occupation and living environment, the Defendant’s blood alcohol concentration and driving distance, etc.

arrow