logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2019.02.27 2018고단2812
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[criminal power] On November 18, 2008, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on November 18, 2008, a summary order of KRW 3.5 million for a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on May 12, 2010, and a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the same court on June 2, 2014, respectively.

【Criminal Facts】

Despite the fact that the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as seen above, the Defendant driven a diver vehicle with alcohol content 0.121% under the influence of alcohol over a section of about 10 meters at the Cart parking lot located in Gwangju-si B around October 18, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (the previous records and confirmation reports of a suspect);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence shall be determined as the same as the order, comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the frequency of driving is short; (c) the criminal records exceed the fine; and (d) the Defendant’s age, occupation, character and conduct, family relationship, living environment, circumstances leading

arrow