logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2019.01.09 2018고단1375
도로교통법위반(음주운전)
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 June 10, 2008, the Defendant was issued a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) at the Seogu District Court Branch Branch of the Daegu District Court, and KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the Sung Branch of the Daegu District Court on April 12, 2013.

【Criminal Facts】

On May 10, 2018, at around 19:10, the Defendant driven a D-wing truck from about 1km to the front road of a mutual influent restaurant located in the Daegu-gu Seogdong, Daegu-gu to the C convenience store located in the same Gu B, while under the influence of alcohol content of 0.161%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the crackdown on

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant already committed the instant crime even though he/she had the record of criminal punishment on several occasions due to the same kind of crime; (b) the drinking water is high; (c) the Defendant is against the time of committing the instant crime; (d) the Defendant is not having any criminal record exceeding the fine; and (e) other circumstances shown in the argument of the instant case.

arrow