logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.08.12 2020고단4714
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

On March 30, 2010, the Defendant was sentenced to a summary order of KRW 5 million by a fine of KRW 7 million by the Incheon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million by the same court on October 7, 2011. On September 11, 2013, the Defendant was sentenced to imprisonment for six months by the same court and two years by the suspension of execution.

around 01:05 on April 14, 2020, the Defendant driven a FMW X3 car from approximately 500 meters away from the Do in Incheon Seo-gu to the front road located in Incheon Seo-gu, Seo-gu, Incheon, while under the influence of alcohol, which is 0.063% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 (1) of the Criminal Act (Article 53 and 55 (1) 3 of the same Act shall be applied to the circumstances before

1. Article 62 (1) of the Criminal Act (the period of probation shall be fixed in consideration of the preceding sentence, and the defendant shall also be punished by taking into consideration the circumstances of the same criminal records and several times of probation, including one time of probation of imprisonment);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures (the purpose of helping prevent recidivism and return to society in light of the records of the same kind of accused);

arrow