logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.04.01 2019고단5401
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2009, the Defendant received a fine of KRW 1.5 million from the Jung-gu District Court on September 14, 2009 as a crime of violation of the Road Traffic Act, a fine of KRW 3 million from the same court on June 22, 201 as the same crime, and a fine of KRW 7 million from the same court on August 12, 2013 as the same crime.

1. On November 22, 2019, the Defendant driven a Dscopon vehicle from the entrance of the B apartment at Seocheon-si to the said apartment complex Cdong parking lot at approximately 50 meters, while under the influence of alcohol by 0.176%, from the 50-meter section of the said apartment complex at around 19:05.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the DP car that was not covered by mandatory insurance, such as the date, time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the results of the drinking driving control, and the report on the state of drinking drivers;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes of three copies of criminal records, etc. inquiry report (A), investigation report (former records and attachment of judgment), and summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment for each type of punishment;

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

1. The scope of punishment by law: One to six years of imprisonment;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant who rendered a sentence shall be sentenced to: around 209, around 201, around 201, and around 2013.

arrow