logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2015.01.15 2014고단509
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Previous for judgment: Application of Acts and subordinate statutes of criminal history records, inquiry reports, investigation reports (a copy of summary order, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has been punished six times due to drunk driving, drinking, or unlicensed driving, and even though he has the record of being punished for the suspended sentence two times, it is not very good that the defendant committed the crime again during the suspended sentence period due to drunk driving, even though he had the record of being punished for the suspended sentence.

Furthermore, in light of the fact that blood alcohol concentration is very high and that traffic accident occurs, the defendant is sentenced to punishment.

However, in consideration of the fact that there is no other penalty power except the above punishment power, and other various sentencing conditions, the punishment shall be determined as ordered within the scope of the punishment that has been reduced once by taking into account the sentencing conditions.

arrow