logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2014.10.23 2014고단963
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 11, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 11, 2007, in the Daegu District Court Kimcheon Branch on September 9, 2008, the fine of six million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on September 9, 2008, and in the Daegu District Court Kimcheon Branch on April 4, 2014, the Defendant was sentenced to a fine of six million won for a violation of the Road Traffic Act (driving).

At around 07:00 on September 13, 2014, the Defendant driven B QM5 car under the influence of alcohol content 0.174% without obtaining a driver’s license from approximately 500 meters in front of the Posi-dong in Jingu, Singu, Sinsi-dong to the front road of the Gyeong-gu, Nowon-gu, Nowon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the occurrence of a traffic accident, report on the actual state of a driver, photograph, actual condition survey report, field photograph, vehicle driver's license register, and details of disposition on the cancellation of a driver's license;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. In addition to the previous convictions indicated in Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, considering the fact that there are multiple criminal records of the same kind of power in addition to the previous convictions, in particular, in 2008, personal accidents have been caused, and the crime in the judgment is very heavy, and that the crime is causing an accident as a result, it is necessary to impose a strict punishment. However, the above accident is that there is no person who has been injured due to the above accident and the victim who has suffered physical damage is the Defendant’s wife, the vehicle starts driving after the five hours of occurrence of the accident, the fact that there is no criminal record higher than a suspended sentence, and that there is no criminal record higher than a suspended sentence, the head of the

arrow