(영문) 의정부지방법원 2020.06.22 2020고단1241

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) 의정부지방법원 2020.06.22 2020고단1241

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

[criminal power] On July 6, 2017, the Defendant issued a summary order of KRW 2 million at the Jung-gu District Court on the charge of violation of the Road Traffic Act, and a summary order of KRW 3 million at the Seoul Northern District Court on September 22, 2009 due to a crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 2, 2020, at around 05:38, the Defendant driven a CBl-ri vehicle under the influence of alcohol content of 0.113%. The Defendant driven a CBl-ri vehicle from the border to the entrance of the CBl-ri vehicle to the CBl-ri-ro 299.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the state of driving under the influence of alcohol, and evidence and photographs of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes of the judgment;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for the crime of violating the Road Traffic Act around 2009 and around 2017, considering the distance with the previous penal records, the degree of alcohol content in the instant case is 0.113%, taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order, taking into account the overall consideration the following factors:

참조조문

유사 판례

-의정부지방법원 2020.04.20 2020고단272

-의정부지방법원 2020.06.08 2020고단981

-의정부지방법원 2020.06.01 2020고단473

-대구지방법원 2019.12.05 2019고단5687

-의정부지방법원 2020.03.18 2019고단3422