logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.01.17 2018고단4592
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

[criminal power] On June 27, 2011, the Defendant issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court, and KRW 4 million as a fine in the same court on December 5, 2014.

【Criminal Facts】

On November 17, 2018, at around 23:00, the Defendant driven a F-to-purd vehicle under the influence of alcohol concentration of about 0.127% at a section of about 200 meters from the front road in Seo-gu, Seo-gu, Gwangju to E in the same Gu.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as a criminal history, investigation report (applicable to a situation during which a person drives a sound driving) statute;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course shall be punished by imprisonment in a lump sum, taking into account the criminal records recorded in the judgment of sentencing under Article 62-2 of the Criminal Act and the criminal records of drinking driving;

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.

arrow