logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2020.02.14 2019고단4214
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On December 14, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on December 14, 2007, and a summary order of KRW 4 million for the same crime at the same court on October 15, 2013.

【Criminal Facts】

Although the Defendant had the record of violating the drinking alcohol driving, the Defendant driven B Pote vehicle while under the influence of alcohol with the blood alcohol concentration of 0.065% on September 2, 2019 and on the front of the water resource construction distance, around 00:00 Sinri-si 2161 and on the front of the water resource construction distance.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the statement of the status of the driver under the influence of alcohol, investigation report (report on the status of the driver under the influence of alcohol), inquiry into the results of the

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of previous dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes of a summary order;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances favorable to the fact that a person has been subject to punishment twice (207, 2013) due to drunk driving, even though he/she had the record of punishment, are recognized as committing a crime; there is no record of criminal punishment other than the above drinking driving force; and the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the trial process shall be determined as ordered by taking into account the following factors

arrow