logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2021.01.27 2020고단5934
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

On July 23, 2013, the Defendant was notified of a summary order of KRW 8 million for a crime of violating the Road Traffic Act (drinking driving), etc. by the District Court of the Republic of Korea.

On October 28, 2020, the Defendant driven a F News Pakistan car under the influence of alcohol content of about 0.108% from around 00:19 to around E-road near the “C” located in Spocheon-si B. From around 500 meters to D.

Accordingly, the defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home, report on the situation of the driver at home, investigation report (report on the situation of the driver at home), and report on the case list of 112;

1. (A), application of a written inquiry, such as criminal history, and a written inquiry (A), investigation report (the previous confirmation), and application of a summary order statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. Although the Defendant had been punished for a crime of violating the Road Traffic Act (drinking) around 2013, the Defendant committed the instant crime. At the time of the instant case, the Defendant’s blood content at the time of the instant case reaches 0.108%, and the Defendant appears to have an attitude to resisting that the Defendant would not repeat the crime. In addition, the Defendant’s age and character, family relation, motive and means of the instant crime, circumstances after the crime, etc., and the various sentencing conditions indicated in the instant records and pleadings, such as the Defendant’s age, character and behavior, family relation, motive and means of the crime, etc.

arrow