logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2020.01.16 2019고단1341
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 August 29, 2018, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Chuncheon District Court.

On September 16, 2019, at around 13:26, the Defendant driven a f-wing truck under the influence of alcohol content of 0.112% from the section of approximately 10km from the 10km to the roads in front of Kimcheon-si, Kimcheon-si through the D Association located in Kimcheon-si C.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, an accident site photograph, an actual condition survey report, and on-site photograph;

1. The circumstantial statement of a drinking driver, the inquiry into the results of the control of drinking driving, the inquiry into the results of the control of drinking driving (demark), the report on internal affairs (with respect to the details of the negative measurements), and the report on internal affairs (with respect to the application of the mark formula);

1. Previous records of judgment: Application of criminal records, inquiry reports (a confirmation of the same kind of power, summary order) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Probation, community service order, order to attend a lecture, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in the instant case, and other conditions of all kinds of sentencing as shown in the pleadings of the instant case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined

arrow