logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.02.05 2019고단6069
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

At each Daegu District Court on October 23, 2006, the Defendant received a summary order of KRW 1 million from each Daegu District Court on the grounds of a violation of the Road Traffic Act on October 23, 2006, as a summary order of KRW 5 million, a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) on November 11, 201, and as a crime of violation of the Road Traffic Act (driving) on October 23, 2014, the Defendant received a summary order of KRW 5 million from each other.

Although the Defendant had been able to violate the provision prohibiting driving under the Road Traffic Act more than once, on October 28, 2019, at around 20:50, the Defendant driven a DNA car under the influence of alcohol with approximately 0.031% of alcohol level 0.031% in a section of about 3km from the Do in front of the C cafeteria, which is located in the G Do in the G Dondong-gun B of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (power to punish sound driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. While the punishment power for drunk driving under Article 62-2 of the Probation Criminal Act has three times or more, the punishment standard and statutory punishment have been significantly strengthened after the implementation of the current Road Traffic Act, and the punishment for the crime of drinking again has been reduced after the implementation of the Road Traffic Act, so it cannot be deemed that the punishment for the crime is light: Provided, That the execution of the punishment is suspended for the reasons above, taking into account the fact that the blood alcohol concentration level exceeds the control standard even even, and the defendant's age, occupation, family environment, etc.

arrow