logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.01.10 2019고단5819
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

On December 14, 2007, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court of Daejeon District.

On September 20, 2019, even though the Defendant violated the prohibition of drinking driving, the Defendant again driven B rocketing car under the influence of alcohol at approximately 0.076% of alcohol alcohol level from the Do near the Bai-gu transfer-dong of Suwon-si to the front road of the civil defense education office located in the same Dong from around 200 meters to the Do.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the detection of a driver of the alcoholic beverage;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: The application of a copy of the Act and subordinate statutes concerning criminal records and the family records of Daejeon District Court Decision 2007 High Court Decision 12612;

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. The reason for sentencing under Article 62-2 of the Criminal Act with regard to the crime of this case is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the nature of the crime is not that of the crime;

Defendant has been punished for being exposed to drunk driving, etc. on three occasions.

However, the defendant recognized the crime of this case and divided his mistake, the defendant did not have any history of punishment since 2008, and the defendant's drinking driving force has passed at least 11 years since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, means and result, etc., and the punishment as ordered shall be determined by taking into account various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, environment, motive and circumstance

arrow