(영문) 광주지방법원목포지원 2020.12.10 2020고단1079

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원목포지원 2020.12.10 2020고단1079

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 September 16, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

Nevertheless, around 00:27 on July 5, 2020, the Defendant driven an E K7 car from the front side of the “C” road located in Hegpo City B with the blood alcohol concentration of 0.165%, to the front side of D in the same city.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F,G, and H;

1. A report on the occurrence of a traffic accident, on-site map, on-site survey report, photo of the scene of the accident, on-site photo, on-site survey report, on-site statement of a drinking driver, on-site investigation report, on the investigation report, on the driving control results, on-site report, on the investigation report, on the vehicle accident, on-site investigation report, and one CD;

1. Application of Acts and subordinate statutes of one summary order, such as criminal history records, reference reports, investigation records, and summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing of Article 62(1) of the Criminal Act until the end of the suspended sentence shall be determined in consideration of the following: (a) there is no record of being punished for a crime other than the punishment by a fine until the end of the period of punishment; (b) the situation of drinking on that day and the distance of drinking driving on that day; and (c) the other circumstances, family environment, and economic conditions after the criminal was committed; and (d) the execution of the

참조조문

유사 판례

-대전지방법원 서산지원 2020.01.28 2019고단1101

-광주지방법원 2019.11.14 2019고단3599

-대구지방법원상주지원 2020.10.07 2020고단147

-대전지방법원 서산지원 2013.09.12 2013고단363

-수원지방법원 안양지원 2021.04.23 2020고단2339