logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2017.03.23 2017고단61
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law (driving alcohol) at the port support of the Daegu District Court (Seoul District Court). On January 2, 2013, the Defendant was issued a summary order of KRW 7 million for the same crime in the same court on January 2, 2013. On January 6, 2017, the Defendant driving a CM5 vehicle at approximately 300 meters from the front day of the windowpan in the north-gu Seoul District Court (hereinafter referred to as “SM5 car”) to the front day of the interest-based street in the port while under the influence of alcohol at KRW 0.07% during the influence of alcohol on January 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry, inquiry reports (Attachment to previous rulings) and Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 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. The sentencing grounds of Article 62-2 of the Criminal Act for community service and lecture attendance order include the fact that the defendant does not repeat the crime; the defendant has no record of punishment except a fine; and the defendant's age, environment, sex behavior, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively taken into account and determine the sentence as ordered.

arrow