logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2021.02.15 2020고단1349
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

[Power of crime] On December 17, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court as a crime of violating the Road Traffic Act (driving).

[Criminal facts] On September 29, 2020, the Defendant driven D 130 automobiles while under the influence of alcohol leveling to 0.071% of alcohol level in the five-meter section of the front road in E-Acheon-si, Gyeonggi-si. B.

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

Summary of Evidence

1. Defendant’s legal inquiry into the results of regulating driving of drinking alcohol, his/her oral statement, investigation report, notification of the results of regulating driving of drinking alcohol, reporting on the circumstances of driving of drinking alcohol and measuring and photographing alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, once again driven under drinking alcohol, even though he/she had the record of driving alcohol twice.

However, the distance of drinking driving is short, and the driving power of drinking is 10 years prior to all.

The punishment shall be determined as ordered in consideration of such circumstances and the defendant's age, character and conduct, environment, and circumstances after the crime.

arrow