logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2015.10.02 2015고단277
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

The Defendant was sentenced to a fine of KRW 700,000 on March 6, 2006, and a fine of KRW 2,000,000 on April 13, 2007, respectively, as a crime of violation of the Road Traffic Act (driving) in the subdivision of the Daejeon District Court.

On March 17, 2015, at around 00:55, the Defendant driven Bsch Rexroth car under the influence of alcohol level of about 0.104% in the section of approximately 50km from the road located in Pyeongtaek-si, Gwangju-si, to the roads located in Pyeongtaek-si joint-dong.

As a result, the defendant, who committed a crime of violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstantial statements of the driver under the influence of alcohol, and inquiry into the results of crackdown on drinking;

1. Previous records of judgment: Criminal records, etc., an inquiry report prepared by a prosecutor's assistant inspector (Attachment to the previous and summary order), and the application of statutes governing summary orders accompanying such report;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

3. Although the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. has been imposed three times or more due to drunk driving, it cannot be said that the illegality of a drunk driving and the risk of recidivism are small.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant has committed a crime, and is led to confession, and other various circumstances shown in the pleadings of this case, such as the age, character and conduct, and environment of the defendant.

arrow