logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2015.03.06 2014고단2964
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 11, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court. On November 13, 2012, the Defendant was sentenced to a fine of KRW 4 million for the same crime.

【Criminal Facts】

On November 26, 2014, at around 23:00, the Defendant driven a B-purd vehicle with a blood alcohol concentration of about 0.152 percent in the middle of a comprehensive household located in the form of approximately 8 kilometers from the front of the fluent road located in Seocho-si, Samyang-si to the front of a comprehensive household located in the Dobong-gu, Seocheon-gu, Seoul.

Accordingly, even though the drinking power has been twice or more, the defendant was driving under the same influence again.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports (a summary order issued against the same type of power) and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was recently punished as the power of the same or similar kind, and the need for strict punishment is large, but the defendant does not repeat the crime, taking into account the health condition, family relation, and economic condition, etc., to suspend the execution at once.

It is so decided as per Disposition for the above reasons.

arrow