logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.06.09 2020고단449
도로교통법위반(음주운전)등
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

[criminal power] On September 16, 2013, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a fine of KRW 5 million for a violation of the Road Traffic Act (Refusal of Drinking Measures) from the Seoul East District Court on December 17, 2018.

【Criminal Facts】

On December 29, 2019, at least 07:40 on the road near Dongdaemun-gu, Seoul, to the same road near the Gu C, the Defendant violated the prohibition of drinking driving by driving D G80 automobiles with a blood alcohol concentration of at least 0.10% while under the influence of alcohol without obtaining a driver license in the section of about 200 meters from the road near Dongdaemun-gu, Seoul to the same Gu C at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (related to the statement ofCCTV images and agency engineers);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Suspension of execution of a punishment under Article 62 (1) of the Criminal Act (limited to suspension of execution of a punishment, but to add a probation order, etc. to prevent recidivism, in consideration of favorable circumstances, such as the fact that the distance of driving is shorter, the defendant misleads the defendant and reflects his depth

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

arrow