logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.06.19 2019고단1900
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 9, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on December 5, 2007, the summary order of KRW 3 million as a fine for the same crime in the same court on December 5, 2007, and the summary order of KRW 7 million as a fine for the same crime on November 22, 2012 from the father branch branch of the Incheon District Court.

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol twice or more, on March 16, 2019, at around 03:15, the Defendant driven a D Sspke car under the influence of alcohol by 0.122% in an influent section from the front of the Asian stadium located in 806, to the front of the Kawon located in the same Gu, Seo-gu, Incheon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, and investigation reports (report on confirmation of the same type of suspect records);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (including the fact that the defendant has no record of

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

arrow