logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2020.12.09 2020고단435
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 5, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Daegu District Court racing support. On August 28, 2008, the same court issued a summary order of KRW 3 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act. On November 16, 2015, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On June 15, 2020, at around 01:00, the Defendant driven a Fropsing car with approximately 600m alcohol concentration of 0.205% under the influence of alcohol from the front of C in the racing-si, and from the front of C to E in the racing-si, the Defendant was under the influence of alcohol content of about 600 meters.

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

Summary of Evidence

1. Defendant’s legal statement, report on the circumstances of his/her driver, investigation report, and notification of the results of the crackdown on drunk driving;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and 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 on the Suspension of Execution (Consideration of favorable sentencing factors among “the grounds for two sentences” below)

1. Considering the fact that an order to attend a lecture and an order to attend a community service order are repeated with the reason of sentencing under Article 62-2 of the Criminal Act, the danger and social harm of drunk driving, the degree of blood alcohol concentration, and the same crime, the crime of this case shall be subject to criticism

However, it shall be considered as a factor for sentencing in favor of the fact that the state of health is not good and that the state of gold.

Other conditions for sentencing, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per the disposition in consideration of the overall circumstances.

arrow