logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2020.10.14 2020고단852
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 24, 2020, at around 22:18, the Defendant driven a Foldo car at approximately 100 meters section from the front of the main point of “C” located in Chuncheon City B to the front of the “E” restaurant located in Chuncheon City D, while under the influence of alcohol content of 0.156%.

Summary of Evidence

1. The legal statement of the accused; 1. The report on traffic accidents (1) (2) (2) (2) (3) (3) (4) (1) (1), the report on the actual condition of a drinking driver, the report on the actual condition of a drinking driver, and the application of statutes

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

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, despite the fact that the defendant had been subject to criminal punishment on three occasions due to drunk driving, causes a traffic accident that causes the parked vehicle while driving a drunkly, and the criminal nature of the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, considering the fact that the defendant's mistake is divided and again is expected not to drive under the influence of alcohol, that there is no traffic accident causing human damage due to the crime of this case, that the criminal records related to driving under the influence of alcohol are all up to 2004, and that there is no criminal records punished by the criminal punishment for the defendant, etc.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.

arrow