logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.07.28 2016고단1955
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 30, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law at the Gwangju District Court on September 30, 2008; on February 4, 2009, by the same court, six months of imprisonment; three years of suspended execution; and on June 28, 2012, the same court was sentenced to a fine of KRW 7 million for the same crime.

On May 15, 2016, while under the influence of alcohol level of 0.111% among the blood transfusion around 01:00, the Defendant driven a C-car from the front of the non-cafeteria of the trade name in Gwangju Northern-dong to the front of the 3km road of Gwangju Northern-gu, Gwangju-gu, the summary of the evidence.

1. Statement by the defendant in court;

1. Notification of the control results of drinking drivers;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to a judgment) Acts and subordinate statutes;

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

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small volume was that the Defendant was punished on a total of five occasions, including a suspended sentence on two occasions due to drinking driving from around 2004 to around 2012, and the Defendant’s recidivism was inevitable due to a high alcohol level in the blood alcohol level of the Defendant’s blood.

However, since there is a mother suffering from dementia to be supported by the defendant, and there are favorable circumstances such as the defendant's failure to take a traffic accident due to driving of the drinking of this case, it shall be taken into account, taking into account other factors such as the defendant's age, sex, environment, health conditions, circumstances after the crime, etc., and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, sexual behavior

arrow