logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.11.10 2016고단4437
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 power] On March 5, 2014, the Defendant issued a summary order of KRW 3,50,000 by the Daegu District Court for the violation of the Road Traffic Act, etc., and the summary order of KRW 2,00,000,000 for the violation of the Road Traffic Act from the Western Branch Branch of the Daegu District Court on February 19, 2016.

【Criminal Facts】

around 00:03 on August 13, 2016, the Defendant driven BM5 cars while under the influence of alcohol alcohol concentration of about 400 meters from the parking lot near the caman cafeteria cafeteria in Daegu-gu, Daegu-ro 1 to the East Asia-ro road located in 2085 according to the same month, from the parking lot near the caman cafeteria cafeteria in Daegu-gu, Daegu-ro 1, to the East Asia-ro shopping, which is located in 2085.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Before ruling: Application of one copy of reference to criminal records and one copy of summary order, respectively;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined by taking into account the following circumstances, such as the order of education and the order of community service.

Unfavorable circumstances: The defendant committed the crime of this case, even though he had a record of punishment due to drinking driving several times, it has not received the final summary order.

The defendant's blood alcohol concentration is very high.

A favorable normal situation: The defendant again does not commit the same kind of crime.

arrow