logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.03.31 2016고단137
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2009, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act, and on February 1, 2014, a summary order of KRW 2 million from the Suwon Friwon to a crime of violating the Road Traffic Act.

Nevertheless, on December 9, 2015, the Defendant driven a B-H car at a section of about 30 km to the 0.076% of alcohol concentration in blood around 01:00, while under the influence of alcohol at around 01:0, the Defendant driven a B-H car at the section of about 30 km to the road located in the city of Mapopo-si, Kimpo-si and the front road.

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 driving;

1. Previous conviction: Application of a written inquiry, such as inquiry about criminal history, and other Acts and subordinate statutes;

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 sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Criminal Procedure, Article 62-2(1) of the Act on the Punishment, etc. of the Defendant’s favorable circumstances (the confession, reflectivity, and alcohol concentration in blood is not high), unfavorable circumstances (in addition, even if three times punishment were imposed for the crime of violating the Road Traffic Act, including the two-time driving criminal records in the judgment, the crime of this case was committed, and the nature of the crime was syke, drinking distance is considerably Kim), and other sentencing factors indicated in the instant case, including the Defendant’s age, sexual behavior, intelligence and living environment, circumstances leading to the instant crime, etc., shall be determined as ordered by taking into account together all of the sentencing factors

arrow