logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2020.11.19 2020고단3114
도로교통법위반(음주운전)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2014, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at an Ansan Branch of the Suwon District Court on February 25, 2014, and a summary order of KRW 3 million on November 13, 2018 by the same court as the same crime, respectively.

【Criminal Facts】

On June 30, 2020, at around 06:40, the Defendant driven a D-wing truck with the alcohol concentration of about 0.226% while under the influence of alcohol over about 1km, from the roads near C C C (SI) located in Sinsi-si B to the roads located in the same Sinsi-ro 285.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

The defendant of the 2020 Height3689 is prohibited from operating a motor vehicle with the owner of the rocketing other motor vehicle, or a motor vehicle not covered by mandatory insurance on the road.

Nevertheless, around 19:05 on September 20, 2018, the Defendant operated the said vehicle that was not covered by each mandatory insurance at the training lane around the front of the 1758 Embart distance in Sinsi-si 1758 Embri-si and September 6, 2018.

Summary of Evidence

"200 Highest 3114"

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous conviction in judgment: Criminal history records, references to investigation reports (A), references to non-insurance operations vehicles with no legal statement of 2020 high-level 3689, inquiry into mandatory insurance contracts, and application of Acts and subordinate statutes of the motor vehicle register;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of a sentence, respectively, imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;

arrow