logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2020.06.12 2020고단861
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and three 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

On August 2, 2019, the Defendant received a summary order of KRW 2 million for the violation of the Road Traffic Act from the Daejeon District Court's branch on August 2, 2019.

The Defendant is a person engaging in driving a rocketing car.

On March 15, 2020, the Defendant driven the said car under the influence of alcohol of 0.177% on blood alcohol level at around 01:40 on March 15, 2020, and was driving the said car to enter the roads in front of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to make a pair of use, and did not find a victim DNA-owned vehicle parked on the right side of the mast, and received the back part of the said car with the front side of the said car in front of the right side of the said car.

The Defendant, due to the foregoing occupational negligence, did not immediately stop and take necessary measures when a traffic accident occurs, even though the part on the back side of the car in the above food tank is damaged, such as removing and leaving the back side.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Statement on the occurrence of each traffic accident;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to inquiry into cases and a copy of summary order;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the records of this case, including the blood alcohol concentration of the defendant at the time of the crime in this case, the distance of driving and driving circumstances, the degree of damage to damaged vehicles, and the criminal records of the defendant's punishment.

arrow