logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.01.29 2018고단5843
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 December 21, 2007, the defendant was issued a summary order that imposes a fine of two million won for a crime of violation of the Road Traffic Act at the Seoul Western District Court on April 24, 2009. On May 15, 2009, the defendant issued a summary order that imposes a fine of two million won for a crime of violation of the Road Traffic Act at the Suwon District Court on April 24, 2009. On May 15, 2009, the defendant issued a summary order that imposes a fine of three million won for a crime of violation of the Road Traffic Act at the Suwon District Court on February 20, 2013.

【Criminal Facts】

around 13:35 on October 7, 2018, the Defendant driven a fluor car from approximately 500 meters away from the C funeral hall parking lot in Seosan-si B to the Ejustro in D, while under the influence of alcohol of 0.260% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of criminal records, written judgments, and summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, considering the fact that a person who received an order to attend a lecture or an order to provide community service has been punished for drinking driving several times and has driven under the influence of driving again to the extent that normal driving is impossible, the sentence as ordered shall be determined in consideration of various sentencing conditions such as the defendant's age, character and conduct, environment, and the circumstances of drinking driving

arrow