(영문) 대전지방법원 2020.09.24 2020고단1922

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) 대전지방법원 2020.09.24 2020고단1922

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

Criminal facts

On April 20, 2007, the Defendant received a summary order of KRW 700,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and on July 13, 2007, the above court received a summary order of KRW 1 million as a fine for the same crime.

On April 15, 2020, at around 21:04, the Defendant driven a D car under the influence of alcohol with approximately 0.144% alcohol concentration from the 1km section to the front road in Daejeon Dong-gu, Daejeon, from around a restaurant located in the Gu of Dong-gu, Daejeon to the front road in the Daejeon Dong-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Inquiries and inquiries, and the application of Acts and subordinate statutes of the same kind of investigation report;

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. The reason for sentencing under Article 62-2 of the Criminal Act is a serious crime that causes serious harm to the life, body, property, etc. of an unqualified person, and thus, the criminal defendant who committed the crime should be held legally liable for the severe legal liability corresponding to the act. At the time of the crime of this case, the criminal defendant had a high alcohol level at the time of committing the crime of this case, and the criminal defendant had already been tried to commit the crime of this case even though he had already been two times of driving under the influence of alcohol, the criminal defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all other circumstances shown in the records and arguments of this case, including the circumstances after the crime, shall be determined as the sentence of this case

참조조문

유사 판례

-대전지방법원 2020.08.27 2020고단1694

-대전지방법원 2020.11.26 2020고정937

-대전지방법원 2020.10.29 2020고단2315

-대전지방법원 2020.11.19 2020고단3582

-대전지방법원 2020.10.15 2020고단2417