logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.06.26 2014고단3045
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 6, 2010, the Defendant issued a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Incheon District Court on January 6, 201 and a summary order of 2.5 million won for the same crime at the same court on March 28, 2011, respectively.

On March 31, 2014, at around 22:31, the Defendant driven a Category B Maz car under the influence of alcohol concentration of approximately 0.108% from the section of approximately 500 meters, from the front road of the Jung-gu Incheon Metropolitan Government Round Until the 2nd road of the same town and the twond roads.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the circumstances of driving a drinking house, a report on the appraisal of state and state, a report on the records of crackdown on driving a drinking house, and a report on the actual state of driving a drinking house;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification of sound records and attachment of the relevant judgment);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, a stay of execution for two years, an order to attend a compliance driving lecture for 40 hours (limited to reasonable circumstances) or more, and there is a record of committing a crime that has been punished once for a non-licensed driving.

arrow