logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.11.28 2019고단3271
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

1. At around 21:50 on May 16, 2019, the Defendant driven a Clearning car at approximately 500 meters from the roads near Daejeon Pungdong to the roads front of Daejeon Pungdong, while under the influence of alcohol with a blood alcohol content of 0.062%.

2. On July 2, 2019, the Defendant, while under the influence of alcohol at least 0.090% of blood alcohol content on July 2, 2019, driven a motor vehicle at least twice under the influence of alcohol by driving C-learning motor vehicle at approximately 500 meters from the front side of the Daejeon Seosung-gu, Daejeon, to the front side of the F apartment, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes, such as the ledger of driver's licenses, reports on circumstantial statements of each driving driver, inquiry into the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Article 148-2 (2) 3, Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (amended by Act No. 1482, May 16, 2019); Article 148-2 (1) of the Road Traffic Act (the point of drinking driving on July 2, 2019); Article 152 (1) and Article 43 of the Road Traffic Act (the point of driving without a license) concerning a crime;

1. A punishment provided for in Articles 40 and 50 (a punishment imposed on a violation of the Road Traffic Act on July 2, 2019 and a violation of the Road Traffic Act (a without a license) and a violation of the Road Traffic Act (a without a license), and a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

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 of Article 62-2 of the Criminal Act requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.

The defendant, in 2017, is punished by a fine on one occasion due to drinking driving and traffic accidents, within the short period as in this case.

arrow