logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2016.10.06 2016고단1627
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 September 26, 2008, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act, etc. at the Daegu District Court on September 26, 2008; on November 4, 2014, the Defendant was issued a summary order of five million won by a fine for a violation of the Road Traffic Act (driving) at the Seog District Court’s Branch Branch, etc. on November 4, 2014; and on May 13, 2016, the Defendant was issued a summary order of five million won by the Daegu District Court on May 13, 2016.

【Criminal Facts of Crimes】 On May 29, 2016, the Defendant driven B low-speed vehicles under the influence of alcohol level of 0.148% without a driver’s license, from the road in front of the Seodaemun-gu, Daegu-gu to the half-top street road located in the same Seo-gu, Seo-gu, Seo-gu.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (report accompanied by the previous and summary order);

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;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (i.e., confession and reflective attitude, and considering the fact that the defendant has no record of punishment exceeding the fine due to the same criminal record);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

arrow