logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2021.02.18 2020고단5378
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On February 5, 2007, the Defendant received a summary order of KRW 2 million as a crime of violating Road Traffic Act (drinking driving) at the Daejeon District Court on February 5, 2007.

[Criminal facts] On November 9, 2020, the Defendant driven a DM3 vehicle under the influence of alcohol leveling 0.247% from the 3km section from the front of the C cafeteria located in Geumsan-gun, Geumsan-gun to the inner bridge of the same military inside of the inside of the same Gun.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary submission to the accused of a report on the examination of the suspect of the police and a written request for appraisal of the degree of alcohol in the course of being seized, a written request for appraisal of the degree of alcohol in blood, and a written appraisal (the degree of alcohol in blood alcohol in the process of voluntary submission);

1. Notice of the results of the crackdown on the driving of alcohol, report on the circumstances of the driver at driving, report on the driving of alcohol, inquiry into the results of crackdown on the driving of alcohol, report on the detection of the driver at driving (2018-6 - 1616-00014), investigation report on the driver at driving (report on the circumstances of the driver at driving);

1. Previous convictions in judgment: Application of a summary order, a written reply to inquiry, such as criminal history, and Acts and subordinate statutes to report an investigation (Attachment to a summary order of the same kind of force as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.

Although the Defendant had been punished twice due to drinking driving, the Defendant is likely to commit the instant crime and to criticize it.

At the time of the crime, the blood alcohol concentration of the defendant is very high, and the distance of the vehicle is also driven, and the quality of the crime and the circumstances are also high.

arrow