logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2020.02.05 2019고단792
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 December 12, 2016, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) from the Daejeon District Court Hongsung Branch on December 12, 2016, and issued a summary order of KRW 1.5 million for the same crime at the same court on November 22, 2012.

On November 14, 2019, at around 20:23, the Defendant driven a F car under the influence of alcohol with approximately 400 meters alcohol content 0.058% from the front of the “C cafeteria” road located in Chungcheongnam-gun Hong-gun D to the front of the “E” road located in Chungcheongnam-gun Hong-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of Part II of summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the consideration shall be given to favorable circumstances, such as the reflection of the fact, the fact that an accident is not caused by a crime, the fact that there is no penalty power exceeding the fine, and the fact that social ties are obvious);

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances considered in the first sentence);

1. Social service order under Article 62-2 of the Criminal Act;

arrow