logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.10.16 2020고단4990
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 July 21, 2006, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court, and on September 26, 2012, issued a summary order of KRW 4 million for the same crime at the Seoul Central District Court.

On July 22, 2020, at around 21:10, the Defendant, while under the influence of alcohol of 0.115% of blood alcohol content, driven a dbee-crat-car car with one kilometer from the Gambrog-dong to the roads from the Cambrog-ro to the Cambrog-ro located from the Gambrog-dong.

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 occurrence of the case;

1. Statement on the circumstances of a drinking driver, investigation report, and record sheet on drinking alcohol measurement;

1. Records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes attaching the same summary order;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is that the defendant, who has a record of drinking driving, re-driving, and the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case;

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime of this case and divided his mistake; (b) the period of drinking driving of the defendant was eight years or more after the date of the crime of this case; and (c) the period of punishment as ordered by the defendant

arrow