logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2021.02.16 2020고단3348
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 September 30, 2011, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court.

On July 24, 2020, the Defendant driven a vehicle of Kug-gu, Woo-si, Goi-si, Goi-si, Goi-si (hereinafter referred to as "Woo-si") under the influence of alcohol concentration of approximately 0.166% in the section of about 1km from the front of the Gog-si to the front road of the same city B.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The defendant's legal statement, inquiry into the results of regulating driving of drinking alcohol, the statement of the situation of the driver in charge, and investigation report (the report on the situation of the driver in charge);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the records of drinking driving) 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. Taking into account the following circumstances: (a) the course of regulating the reason for sentencing under Article 62-2 of the Criminal Act; (b) the degree of alcohol content during blood transfusion; (c) the history and time and interval of times subject to punishment for driving alcohol; (d) the Defendant’s mistake is against himself/herself; and (e) the Defendant raises his/her father/child by negligence; and (e) other factors of sentencing, such as the Defendant’s age, occupation, sex, circumstances leading to the commission of the crime; and (e) circumstances after the crime, etc.

arrow