logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.04.14 2017고단371
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On April 22, 2013, the Defendant received a summary order of KRW 5 million for a crime of violating road traffic laws at the Seoul Western District Court on April 22, 2013, and on November 19, 2010, the Defendant received a summary order of KRW 2 million for the same crime at the Seoul Central District Court on November 19, 201.

[2] On January 25, 2017, at around 00:05, the Defendant driven Cppcom car with approximately 50 meters alcohol concentration at approximately 0.225% while under the influence of alcohol level from around 265 meters to the front road of the same city, as from the Do in front of the frequency of fishery in the Cheongcheon-si, Seocheon-si to the same city.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver working at the main place, a report on the circumstances of the driving at the main place, and a report on the circumstances of the driving at

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of a summary order of a suspect), application of the summary order Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or order to provide community service: The reason why the driving of drinking is strictly punished is considerably high, blood alcohol concentration is considerably high, and circumstances favorable to the fact that the records of punishment for the same kind of crime can be recognized and reflected: The circumstances leading to the crime, the circumstances after the crime, the family relationship, etc. are considered as a whole, and the various sentencing conditions specified in the records and changes shall be determined as per the order.

arrow