logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2016.09.22 2016고단580
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2007, the Defendant received a summary order of a fine of KRW 1.5 million from the Daegu District Court Kimcheon, and a fine of KRW 2 million from the Daegu District Court on September 10, 2015.

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act (drinking) as above, the Defendant driven Bone Star Motor Vehicle under the influence of alcohol concentration of about 0.140% in the section of about 1km from the front of a restaurant where the trade name in the Dong-si Authority cannot be known at around November 25, 2015 to the front road of the Gu-U.S. access road in the same Dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers who take driving and the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of inquiry letter, text of judgment and summary order-related Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act provides that a person obliged to provide community service or attend a lecture has already been punished four times due to driving of drinking alcohol for the reason of sentencing, and a person without a license has been punished several times. However, the fact that a mistake is recognized and contradictory, there is no punishment exceeding a fine due to driving of drinking, and the defendant's family relation, economic condition, environment, etc. shall be determined as ordered by the order.

arrow