logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.02.18 2019고단5985
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:48 on October 7, 2019, the Defendant driven a e-car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.243% from the section of approximately 500 meters from the roads in front of Dongcheon-si, Chungcheongnam-si, Seoul to the front roads in the same city C.

"2019 Highest 6327"

1. Around 09:47 August 31, 2019, the Defendant driven a e-manufactured car with a blood alcohol concentration of about 110 meters at a section of approximately 110 meters from the parking lot B in Yongcheon-si to the same market on the road.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving a e-car with no mandatory insurance policy at the date and place specified in paragraph (1).

Summary of Evidence

"2019 Highest 5985"

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking-driving Control: 2019No6327;

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Notification of the result of the drinking driving control;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning criminal facts, and Articles 148-2 (3) 1, 44 (1) of the Road Traffic Act (the point of drinking alcohol level of at least 0.2%), 148-2 (3) 2, and 44 (1) of the Road Traffic Act (the point of drinking alcohol level of at least 0.08% and below 0.2%) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the fact that each of the crimes of this case has been committed in addition, despite the fact that there exists a penal power due to the crime of violation of the Road Traffic Act: The confession, character, environment, and the defendant's age, character and behavior.

arrow