logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2019.05.10 2019고단432
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal power] On March 23, 2009, the Defendant issued a summary order of KRW 500,000 to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act at the Cheongju District Court, and on November 9, 2016 at the same court, a summary order of KRW 1,50,000 as a fine for the same crime was issued.

【Criminal Facts】

On February 26, 2019, around 23:52, the Defendant driven a DNA car with approximately 400 meters of alcohol level 0.074% while under the influence of alcohol level 0.074% from Cheongju-gu through Cheongju-si B to the front road of the same Gu C apartment.

Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, report on the results of the drinking driving control, and report on the circumstantial statement of a drinking driver;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes of each summary order;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of criminal punishment and imprisonment with prison labor;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (time of the same kind of power and degree of drinking, etc.);

1. Article 62 (1) of the Criminal Act (the fact that there is no past record of suspended sentence of imprisonment or more);

1. Social service order under Article 62-2 of the Criminal Act;

arrow