logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2019.03.19 2018고단542
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 22, 2016, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Daejeon District Court's Seosan Branch on July 22, 2016, and on August 21, 2013, the Defendant was punished by a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Daejeon District Court's official capital branch on August 21, 2013.

【Criminal Facts】

On October 12, 2018, at around 14:41, the Defendant driven B cargo vehicles under the influence of alcohol with a blood alcohol concentration of about 4km from the village path located in the Silsan-si of the Silsan-si to the gr3rd ginseng distance located in the same gralegro, and with a blood alcohol concentration of about 0.129%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, etc., by taking into account the following factors: (a) the criminal records of the same kind of crime are two times; (b) the blood alcohol content is expected to be against the person's wrong behavior; (c) the circumstances leading to the crime of this case upon the request of the person who has the right to drive the vehicle; and (d) the circumstances after the crime are committed.

arrow