logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.03.20 2019고단99
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 17, 2009, the Defendant issued each summary order of KRW 1 million at the Suwon District Court as a violation of the Road Traffic Act (driving) and KRW 3.5 million as a violation of the Road Traffic Act (driving on April 20, 2014).

Nevertheless, at around 03:20 on August 19, 2018, the Defendant driven a e-mail with approximately 20 meters alcohol concentration of about 0.237%, while under the influence of alcohol from the street in front of the Guri-si B loan C, the control point, Guri-si D.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 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. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.

Nevertheless, the crime of this case was committed while driving under the influence of 0.237% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the fact that the defendant is recognized as committing a crime and the driving distance is relatively short.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

arrow