logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.07.19 2013고단1689
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

Punishment of the crime

[2013 Highest 1689] On March 24, 2013, the Defendant driven Ctra XG car under the influence of alcohol by 0.107% of blood alcohol concentration from the Do in front of the same Gu Samsung Dong-dong, Daejeon East-gu, Daejeon to the front road of the apartment.

[2013 Highest 1692] On August 20, 2009, the Defendant was sentenced to a fine of KRW 500,000 to a fine for a violation of the Road Traffic Act at the Daejeon District Court on August 20, 2009, and was charged with the same crime (No. 2013 Highest 1689) committed on March 24, 2013 by the same court on April 8, 2013.

On April 16, 2013, around 04:40, the Defendant driven a C TraxG car in the state of alcohol of approximately 6 km from the Do in front of the head office in the U.S., Seo-gu, Daejeon to the front road of Daejeon Seo-gu, Daejeon to the front road of 0.076% of alcohol concentration.

Summary of Evidence

[2013 Highest 1689]

1. Defendant's legal statement;

1. A report on detection of a host driver (2013 senior group 1692);

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant legal provisions concerning the facts of crime and the choice of punishment under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol) (the point of drinking alcohol) and Articles 148-2 (1) 1 and 44 (1) (the point of drinking alcohol driving at least three times) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (no person shall be sentenced to imprisonment without prison labor or any heavier punishment);

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

1. Probation, community service order and order to attend a lecture, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc., re-offending at 15 days after the investigation into the case, which was conducted on the grounds of sentencing of 2013 high-ranking group 1689, and the risk of re-offending is high in light of the attitude of drinking alcohol and the attitude of drinking alcohol and the like; and

However, taking into account the fact that there is no past record of the same kind of fine and no criminal punishment once, and that it is against the law, it shall be taken only once.

arrow