(영문) 춘천지방법원 2017.01.18 2016고정595

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2017.01.18 2016고정595

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle of rocketing siren.

On January 28, 2009, the Defendant has been sentenced to a fine of KRW 700,00,000 due to a violation of the Road Traffic Act on September 30, 2009, a fine of KRW 1.5 million due to a violation of the Road Traffic Act on September 30, 2009, and a violation of the Road Traffic Act on November 8, 2013, and a violation of the provisions on the prohibition of drinking under the Road Traffic Act on more than two occasions.

On November 2, 2016, the Defendant driven the above vehicle under the influence of alcohol content of 0.074% in blood, from the upper end of the road located in the horizontal plane of the Gangseo-gu, Gangwon-do to the upper end of the 118th horizontal road of the same military, in a state of alcohol content of 0.074% in blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction in judgment: Inquiry about criminal history, summary order, and application of the text of the judgment;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has already been punished for the same kind of crime over several times, and the defendant is subject to a suspended sentence of imprisonment for the same crime. When the period of suspended execution expires, the defendant committed the same kind of crime in the instant case in another time, and the defendant has been punished several times due to the violation of the Road Traffic Act (non-licenseless Driving), and the defendant has the records of having been punished several times due to the defendant's age, sex, environment, motive, means and consequence leading to the instant crime, the circumstances after the crime, the records and changes of the instant case, and all other circumstances constituting the conditions for sentencing as shown in the order shall be considered.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

-춘천지방법원 영월지원 2017.06.27 2017고단54

-인천지방법원 2018.09.12 2018고단4931

-인천지방법원 2018.05.30 2018고단1688

-인천지방법원 2018.06.20 2018고단2690

-대구지방법원 포항지원 2018.05.17 2018고단350