logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2021.01.27 2020고단5223
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

Punishment of the crime

On February 21, 2014, the Defendant issued a summary order of a fine of one million won to a crime of violating the Road Traffic Act (drinking driving) by the District Court of the Republic of Korea on February 21, 2014.

On September 3, 2020, the Defendant driven an E X-ray car in the state of alcohol alcohol concentration of approximately 0.195% in a section of approximately 4 KK from the front of the road in the Namyang-si, Namyang-si, Seoul, to the D apartment parking lot in the Namyang-si, Namyang-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports, reports on the circumstances of drivers working at the main place, investigation reports, site photographs, etc.;

1. (A) of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes of a report on investigation (Attachment to the summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. Although the Defendant had been punished for a crime of violating the Road Traffic Act (drinking) around 2014, the Defendant committed the instant crime at the same time, and the Defendant’s blood alcohol concentration at the time of the instant case 0.195%.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of this case and the various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.

arrow