logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2020.05.14 2020고단716
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

At around 17:10 on January 27, 2020, the Defendant driven a DNA Grand Cargo with approximately 2 km alcohol concentration of about 0.278% in the section from the front of Gwangju City to the front of C on the road.

Summary of Evidence

1. Application of Acts and subordinate statutes of the defendant's statutory statement, traffic accident report, scene photograph of an accident, consent to collection of blood, confirmation letter, and request for appraisal on the circumstantial statement of the main driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant driven under drinking alcohol level of 0.278%.

In light of the fact that the state is very high, the risk caused by traffic accidents has not been many, it is against the disadvantage, and the fact that there has been no record of punishment exceeding the fine, the circumstances favorable to the fact that there has been no record of punishment.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.

arrow