logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2016.05.25 2016고단286
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2007, the Defendant was sentenced to a summary order of one million won as a crime of violating the Road Traffic Act at the Busan District Court, and on June 20, 2008, to a summary order of 700,000 won as a fine for the same crime in the Dong branch branch of the Busan District Court. On March 8, 2011, the Defendant was sentenced to a suspended sentence of 6 months with imprisonment for the same crime, etc. at the Busan District Court.

On March 4, 2016, at around 21:34, the Defendant driven a B-hand car with approximately 1k alcohol content from a section of approximately 0.186% under the influence of alcohol at around 0.186%, from the front of the entrance of the Gandong-gu Busan Metropolitan City, to the urban expressway click-dong, Nam-gu, Busan Metropolitan City, an urban highway click-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous record: Application of the Acts and subordinate statutes by inquiry;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend lectures [the prosecutor's opinion] imprisonment for one year [the decision of sentence] shall be sentenced to six months in prison; two years in probation; one year in community service and order to attend lectures; the defendant has committed a second offense despite his or her previous convictions for 120 hours; his or her mistake is pened

the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc., consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act

arrow