(영문) 의정부지방법원 2020.05.20 2020고단884

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.05.20 2020고단884

도로교통법위반(음주운전)

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

On May 6, 2015, the defendant was issued a summary order of 2.5 million won by the Suwon District Court due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act.

On February 3, 2020, at around 23:20, the Defendant driven C Corro-C Motor Vehicle from the influent land of not more than 0.092% of the blood alcohol concentration to the front road, both of which were under the influence of alcohol at 0.092%.

In this way, the defendant was driven twice or more while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the status of running a driving under the direction of the driver, report on the circumstantial statement of the driver under the direction of the driver, and investigation report;

1. Inquiry into data about criminal records and investigation records of foreigners, and application of a written confirmation of investigation (examination of re-distribution and attachment of summary order for the same case);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant recognized his/her mistake and reflects the fact that there is no criminal record exceeding the fine; and (b) other favorable circumstances, including the Defendant’s age, character and conduct, family environment, motive or circumstance of the offense, the means and method of the offense, the details and consequence of the offense; and (c) other factors of sentencing as indicated in the record, including the circumstances after the offense

참조조문

유사 판례

-대구지방법원 포항지원 2019.01.10 2018고단1407

-의정부지방법원 2013.09.05 2013고정447

-창원지방법원 2020.06.18 2020고단1066

-의정부지방법원 2020.04.27 2020고단642

-인천지방법원 부천지원 2019.03.20 2019고단12