logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.07.25 2019고단2069
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

[criminal power] On December 14, 2017, the Defendant was issued a summary order of KRW 2 million at the Gwangju District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on May 16, 2014, respectively.

【Criminal Facts】

On May 4, 2019, at around 06:10, the Defendant driven CK7 car under the influence of alcohol concentration of 0.139% at the 1m section of the front road of Gwangju North-gu, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol and a report on the detection of a driver involved in alcohol;

1. On-site photographs;

1. Previous convictions before ruling: Application of inquiries, such as criminal records, and written summary order, by two copies of the relevant Acts and subordinate statutes;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

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

1. An order to attend a course shall be punished by imprisonment in a lump sum, taking into account the criminal records recorded in the judgment of sentencing under Article 62-2 of the Criminal Act and the criminal records of drinking driving;

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.

arrow