logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.05.28 2019고단2886
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

Around January 31, 2011, the Defendant received a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act from the Daegu District Court Kimcheon Branch, and a summary order of KRW 2 million for the same crime from the Cheongju District Court on April 10, 2014, respectively.

On December 7, 2019, at around 09:21, the Defendant driven a B-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-p-p-p-p-p-p-p-on-on-p-on-p-on-p-on-p-on-p-on-p-on-p-on-p-on-p-on-

As a result, the Defendant violated the provision on the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a statement of the state of drinking drivers, and the control results of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 requires strict punishment in that the defendant commits a crime of drinking again even though he/she had a previous conviction twice.

However, the court decides to suspend the execution under the condition of the order to attend the course, taking into account all the circumstances, including the Defendant’s age, character and conduct, degree of alcohol alcohol level, driving distance, and the circumstances before and after the crime, and the sentencing conditions specified in the instant records and arguments, as well as the fact that the above order to attend the course does not constitute a second offense while reflecting the fact that the above order to stop a crime is both punished before and after 2014, and the Defendant has no specific penalty power except for the second two-time penalties, and the Defendant has no other penalty power.

arrow