logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.03.13 2019고단5041
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

On December 29, 2003, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 29, 2003, and two million won for a violation of the Road Traffic Act (driving) at the same court on January 6, 2004.

On November 21, 2019, the Defendant was under the influence of 0.126% of blood alcohol concentration around 22:20 on November 21, 2019, and d G80 cars were under the influence of 0.126% at the Daejeon Dong-dong B apartment Cdong parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a driver, a report on the detection of a driver, a report on the circumstantial statement of a driver, a report on the circumstances of a driver, a report on the results of the crackdown on drunk driving, an inquiry about the detection and management of a driver, a report on internal accidents, and an investigation report;

1. On board car cars, ledger of driver's license for automobiles, and certificate of automobile insurance;

1. Photographs, such as an accident site and a measurement of drinking;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of a summary order related to a suspect), and application of Acts and subordinate statutes concerning summary order;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the circumstances that clearly have social ties, such as the situation in which the criminal record of the same kind of fine has reached three times, and the criminal record of the same fine has reached three times, and the degree of blood alcohol concentration at the time has high level, etc., the responsibility for the crime is very heavy, but there are circumstances that are likely to be taken into account in light of the circumstance that the person drives the motor vehicle by sending the substitute driver and driving the motor vehicle as if he/she were parked, there are no criminal records exceeding the fine, there is no time difference between the last criminal record and the last criminal record, there is a gap between the spouse and his/her children, the person supports his/her spouse and his/her children in good faith, and the amount

1. Inasmuch as the possibility of recidivism exists in light of the criminal records, blood alcohol level, etc. of Article 62-2 of the Criminal Act, community service and education order to prevent recidivism, community service and education order to prevent recidivism.

arrow