(영문) 춘천지방법원강릉지원 2020.10.07 2020고단585

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원강릉지원 2020.10.07 2020고단585

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 3 million on January 4, 2008, and a fine of KRW 6 million on the same crime on January 11, 201. The Defendant was sentenced to a fine of KRW 10 million on the same crime on May 14, 2015. However, on June 30, 2020, at around 01:45, the Defendant driven a motor vehicle with Dial alcohol concentration of KRW 0.265% on the front of the Gangseo-si apartment at the Gangseo-si B apartment on June 30, 202, even though he was sentenced to a fine of KRW 10 million on the same crime.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, investigation report on the circumstantial statement of a drinking driver (related to telephone conversations of the counter-party of the 112 reporter);

1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, inquiry reports, investigation reports (report accompanied by a summary order, etc. of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Optional to Imprisonment) and Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation of punishment for a crime;

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

1. Probation and order to attend a probation and compliance driving lecture shall be selected by taking into account the following factors: (a) the period of punishment shall be set within the scope of the statutory punishment mitigated, taking into account the following factors: (b) the period of punishment is determined within the scope of the punishment mitigated; and (c) the degree of the principal taking of the defendant at the time of the same kind of crime was high; (d) the period of punishment is determined within the scope of the punishment mitigated; and (e) probation and compliance driving lecture shall be ordered to prevent recidivism in order to prevent recidivism.

참조조문

유사 판례

-춘천지방법원 강릉지원 2020.07.24 2020고단319

-춘천지방법원강릉지원 2020.11.27 2020고단821

-춘천지방법원 강릉지원 2020.06.12 2020고단72

-춘천지방법원강릉지원 2020.08.12 2020고단329

-춘천지방법원강릉지원 2020.11.06 2020고단396