logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원영월지원 2020.08.11 2020고단246
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

[criminal power] The defendant is a person who had a record of being issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the support of the Southern District Court of the Jeonju on August 30, 2007.

【Criminal Facts】

On June 2, 2020, at around 21:35, the Defendant driven a car with D Coin in the state of alcohol alcohol concentration of about 0.138% from the section of approximately 4.4km from the front road of the Gangwon-gun Community Center B, Gangwon-gun, to the front road of the same military C.

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

Summary of Evidence

1. Defendant's legal statement;

1. On-site conditions, report on the circumstances of a drinking driver, and notification of the results of the drinking control at the time of drinking control;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (a copy of the same type of power judgment attached);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol level of 0.138%, driven a car about 4.4 km.

The Defendant was sentenced to a fine of KRW 1 million due to a drunk driving in 2000, KRW 200,000, KRW 3 million due to a suspended sentence on October 201, a fine of KRW 3 million due to a drunk driving in 2002, a fine of KRW 2 million due to a drunk driving in 2004, and a fine of KRW 3 million due to a drunk driving in 2007.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) the various sentencing conditions shown in the records and arguments of

arrow