logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2014.05.30 2014고단544
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 May 27, 2012 and July 29, 2013, the Defendant driven a motor vehicle under the influence of alcohol and violated Article 44(1) of the Road Traffic Act not less than twice. On March 28, 2014, the Defendant driven a Cpote motor vehicle under the influence of alcohol concentration of not less than 0.125% without a vehicle driver’s license at a section of about 500 meters from the front side of the village of the Dongyang-dong, Soyang-dong, Seoul, to the front side of the village of the same Dong-dong city, for a period of not less than 2:45 on March 28, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and confirmation of judgment), including criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The decision of imprisonment shall be made to suspend the execution of imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant, for the reason of sentencing of Article 62-2 of the Criminal Act, including the fact that he/she has been sentenced to a fine twice due to drunk driving, again drives under drinking, and the fact that he/she has a high blood alcohol level. The defendant disposal of his/her vehicle and again does not drive under drinking again, and there is no criminal conviction or higher than a fine, and the execution of imprisonment with prison labor shall be suspended and the sentence shall

arrow