logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2020.05.21 2020고단112
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On October 10, 2006, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Jeonju District Court, and on November 1, 201, a summary order of KRW 3 million to a fine in the name of the same crime at the Jeonju District Court on November 1, 201.

At around 20:52 on January 10, 2020, the Defendant driven a Cpoter II cargo vehicle while under the influence of alcohol concentration of approximately 5m on the front side of Gangwon-si, Gangwon-si, with approximately 0.049% alcohol concentration.

As a result, although the defendant had a history of punishment for drinking driving, he driven a drunk cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D (in the event of traffic accidents);

1. The actual survey report and on-site photographs;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Records of ruling: Inquiry reports, investigation reports (Attachment of the same type of power attached), - Application of each summary order and five copies of each decision shall be made;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [The reason for sentencing] is that the defendant reflects the instant crime.

The distance of the defendant's driving is shorter.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

Even though the defendant had been punished five times due to the same crime, including the suspended execution, he/she again passed a drunk driving and again caused a traffic accident.

In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.

arrow