logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2021.02.05 2020고단977
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 18, 2012, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court, for the Defendant’s violation of the Road Traffic Act.

On August 18, 2020, the Defendant driven Dworka car from around 100 meters to the front road of Jin-si, the trade name cafeteria located in Jin-si B, under the influence of alcohol content 0.034% among blood transfusion around 21:04.

Accordingly, the suspect violated the prohibition of drinking alcohol driving twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (verification of drinking records);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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. In full view of the criminal records of the defendant's like crime, the degree of drinking, driving circumstances, distance, etc., the age, sexual behavior, environment, etc. of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined as above;

arrow