logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.10.16 2014고단2673
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

On March 3, 2011, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Seoul Southern District Court, and KRW 1.5 million as a fine in the Sungwon District Court's Sungnam branch on November 6, 2008, and KRW 700,000 as a fine for the same crime in the Suwon District Court's Sungnam branch on January 18, 2008, respectively.

On August 21, 2014, at around 21:46, the Defendant driven B K3 automobiles while under the influence of alcohol concentration of 0.115% on the 40th day of Songpa-gu Seoul Olympic Games.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records, repeated statements, and copies of each summary order by Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation is that the defendant's criminal quality is not less than that of the defendant in such a case as not being aware of the fact that the defendant had been punished three times by a fine due to a violation of the Road Traffic Act, such as the first head of the judgment, even though he had a record of being sentenced to a fine.

However, the fact that the defendant committed a crime and repents his mistake while committing a crime, and the fact that there is no other criminal record other than the above previous conviction, etc. shall be taken into consideration in favor of the defendant, and other circumstances that form the conditions for sentencing as shown in the records of this case, such as the age, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account equally various circumstances

It is so decided as per Disposition for the above reasons.

arrow