logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2020.11.11 2020고단2341
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

1. On October 1, 2008, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act from the Sungnam Branch of Suwon District Court for a crime of violation of the Road Traffic Act, a summary order of KRW 2,00,000 as a fine for the same crime in the same court on July 18, 2012, and a summary order of KRW 6,00,000 as a fine in the same court on April 27, 2015, respectively.

2. On June 28, 2020, at around 00:10, the Defendant driven the E-7 car under the influence of alcohol with approximately 100 meters alcohol concentration of approximately 0.116% from the front of the C road located in Seongbuk-gu, Seongbuk-si, Sungnam-si, to the front road of the same Gu D Building.

Summary of Evidence

1. Defendant's legal statement;

1. Details of requests for management of reports on the detection of suspected victims of the violation of the Road Traffic Act, reports on the situation of driving under the influence of alcohol, circumstantial statements of drivers under the influence of alcohol, and reports on management of reports on introduction of alcohol;

1. Application of Acts and subordinate statutes, such as criminal records, etc. inquiry report, investigation report (a summary order attached to the sound driving power), Sungwon District Court's branch court's branch court's branch court's order approximately 2008 high ranking and summary order 1944;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 62-2 of the Criminal Act on the grounds of the sentencing of the order to provide community service and attend lectures shall be determined by comprehensively taking account of various sentencing conditions under Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment, such as drinking of this case, the criminal records of the Defendant

arrow