logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 상주지원 2018.09.04 2018고단185
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 history] On March 9, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the resident support of the Daegu District Court, and a summary order of KRW 3 million for the same crime in the same court on September 24, 2012.

[Criminal facts] On June 22, 2018, the Defendant driven CKa car with alcohol content of about 0.203% at the 3.4km section from the 14-1 front of the 14-1 front of the 14-1 front of the 14-1st day of the same day while residing at around 17:34.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on drinking;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (No. 14 No. 5 of the evidence list), and application of Acts and subordinate statutes attached to summary orders;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s first head and the record of drinking, other than the driving under the influence of alcohol as indicated in the judgment of the Defendant; (b) the alcohol concentration level in the blood in this case is considerably high; (c) the Defendant appears to have significantly lacking normal ability to drive at the time of the instant case; and (d) the Defendant’s multiple past records are considered disadvantageous to the Defendant.

However, it shall be considered in favor of the defendant that the defendant recognizes and reflects the crime.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the defendant's age and family relations, shall be determined as per the disposition.

arrow