logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2017.07.14 2017고단269
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by ten months of imprisonment.

Reasons

Punishment of the crime

In the Daegu District Court's support on November 5, 2009, the Defendant is a person who has been sentenced to a fine of 2.5 million won for a violation of road traffic laws (drinking driving), a fine of 3 million won for the same crime in the same court on December 3, 2009, a fine of 5 million won for the same crime in the same court on March 24, 201, and a fine of 5 million won for the same crime in the same court on February 21, 2013, and two or more years of imprisonment with prison labor for the same crime in the same court on February 21, 2013.

The Defendant is a person who drives a rocketing cargo vehicle B.

On April 30, 2017, the Defendant, while under the influence of alcohol at around 0.244% during blood transfusion, started from the vicinity of the Ansan-dong University in the city of Ansan-dong, under the influence of alcohol, and driven the said cargo at approximately five kilometers from the section of about 5km up to the road front of the Ansan-dong church located in the same city of Ansan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Written inquiry about the occurrence of the case, the arrest report, the notification of the results of crackdown on drinking driving, the circumstantial statement of the driver under the influence of drinking, the inquiry about the results of crackdown on drinking driving, the next inquiry, and criminal history;

1. Application of investigative reports (verification of suspect's previous record of drinking not less than twice) and Acts and subordinate statutes on accompanying materials;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment is that the instant crime is not good in light of circumstances, risk, etc.

The Defendant, as stated in its reasoning, committed the instant crime even when he/she was punished for committing the same drinking act four times. This is an unfavorable circumstance to the Defendant.

The Defendant confessions all of the crimes of this case and reflects them.

There is no record that the defendant has been punished as a sentence beyond the suspension of the execution of imprisonment.

This is the circumstances favorable to the defendant.

In addition, considering all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered.

arrow