logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2020.02.07 2019고단2636
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

On February 27, 2008, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving on October 17, 201), a fine of KRW 2 million as a crime of violation of the Road Traffic Act (driving on September 17, 201), and a fine of KRW 5 million in the same court on May 19, 2015 (Refusal of Measuring Measures).

On September 21, 2019, at around 22:09, the Defendant driven an E-cub vehicle while under the influence of alcohol content of about 0.050% from the front side of the road located in Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul to D trim.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to reply to criminal records, etc., investigation reports (verification of punishment records for sound driving);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., conditions of sentencing favorable to reasons for discretionary mitigation of punishment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is a very dangerous crime that may cause unexpected behaviors to the life and family of others by raising the possibility of traffic accidents, and thus, in order to prevent this, the defendant is bound to bear strict responsibility for the act related thereto. The defendant committed the crime of drinking driving in this case even though he has been punished several times due to drinking driving including the violation stated in the judgment, and the defendant committed the crime of drinking driving in this case. Meanwhile, the defendant led to the confession and reflect of the crime in this case; the defendant has no record of criminal punishment exceeding the fine due to drinking driving; the defendant has no record of criminal punishment exceeding the fine due to drinking driving; the numerical value of blood alcohol concentration

arrow