logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.11.28 2019고단4687
도로교통법위반(음주운전)
Text

A 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

On June 22, 2011, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Suwon District Court, and a summary order of KRW 2 million as a fine in the same court on April 13, 2018, respectively.

On August 13, 2019, at around 19:03, the Defendant driven a DNA sports cargo vehicle under the influence of alcohol leveling of about 0.170% in a section of about 500 meters, where he/she is under the influence of alcohol leveling to approximately 0.170 meters in the road near Suwon-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, report on the circumstances of the driver with the driver with the driver with the driver with the alcohol, report on investigation (report on the circumstances of the driver with the driver with the driver mark formula);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of related precedents) 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;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the Defendant was the previous and two times, and one of them was the 2018 year, and the blood alcohol concentration level at the time of the instant case was also reasonable.

However, in consideration of the fact that the defendant is led to confession and reflect, there is no previous conviction in excess of the fine yet, the defendant's age, attitude, environment, background and distance, circumstances after the crime, etc. and various sentencing conditions shown in the arguments, such as the records and arguments, the punishment shall be determined as ordered.

arrow