logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2020.01.15 2019고단661
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 November 10, 2008, the Defendant received a summary order of KRW 2,50,00,000 as a fine for a violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court.

On July 19, 2019, at around 18:46, the Defendant driven a c motor vehicle with a blood alcohol content of about 0.116% from the front parking lot of the Red-ro Volunteer Fire Brigade in Hongsung-gun, Hongsung-gun, Hongcheon-ro, 182 to the front day of the Defendant’s house located in the same Gun B from approximately 7 km to the front day of the Defendant’s house in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Blue cinematographic photographs;

1. Report of internal investigation (the details of the receipt of the accident and the details of the measurement of alcohol);

1. Investigation report (official application of the Ba mark);

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports (verification of the same criminal records) and statutes;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007; Decision 2007Da1548, Apr. 2, 2007) (see, 2007Da1138, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances considered in the first sentence);

1. Social service order under Article 62-2 of the Criminal Act;

arrow