logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2020.08.18 2020고단272
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 August 27, 2009, the Defendant was notified of a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court.

【Criminal Facts】

On January 8, 2020, at around 02:07, the Defendant driven CA car while under the influence of alcohol of about 0.119% of alcohol concentration from the 3km section from the string flagpole to the Ba-gun B apartment in the Manpo-si, Mapo-si, Mapo-si.

Accordingly, the Defendant violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the reporter's statement and on-site status, report on the status of his/her driving at home, report on the situation of his/her driving at home, report on the situation of his/her driver, investigation report (report on the circumstances of his/her driver), and

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of suspect driving records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The fact that there are many criminal records of the defendant, the social danger of drunk driving and the purpose of the revision of the Road Traffic Act, which is raised by the statutory penalty, are against mistake: there is no fact that the defendant was punished in excess of the fine due to drunk driving, and there is a considerable interval between the final negative driving and the crime of this case, and all the conditions of sentencing as shown in the arguments and arguments, including the degree of drinking, such as the defendant's age, character, character, environment, family relationship, and circumstances after the crime;

arrow