logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.10.15 2019고단2955
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 of the final judgment.

Reasons

Punishment of the crime

On March 30, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act.

On June 27, 2019, at around 02:01, the Defendant driven B Poter II truck with a blood alcohol content of about 0.139% under the influence of alcohol at around about 1km from the front of a restaurant near the Mangyeong-gu, Daejeon, a Mangyeong-gu, to the same 150 Gampo-ro, the Gampo-ro.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the control of drinking driving (blood collection result);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal records and summary orders;

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 (with regard to cases in which such punishment is mitigated and radius is reflected);

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

1. The sentence identical to the order shall be determined by comprehensively taking into account various sentencing conditions specified in the records and arguments of this case, such as the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the nature of the crime of this case, the degree of blood alcohol concentration of the defendant at the time of driving of this case, the circumstances leading to the control of the crime, the accused's reflectness, health conditions

arrow