logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.07.04 2017고단2855
도로교통법위반(음주운전)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Seogu District Court Branch on August 25, 201, and issued a summary order of KRW 3 million as a fine from the Daegu District Court on January 20, 201 to the same crime.

On November 7, 2017, the Defendant, while under the influence of alcohol leveling 0.154% from blood alcohol leveling around 21:15, driven a gallon vehicle from approximately 500 meters to the front day of the galphal wave level located in the galthic Dong, Seogu, Daegu-gu, the main road located in the galthic Dong, Seogu-gu, Daegu-gu, the Defendant driven a gallon vehicle from around 00 meters to the main road of the galphal wave level.

As a result, the Defendant had been punished more than twice as a crime of violating the Road Traffic Act, but once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had had had the record of punishment for drinking driving three times, the crime of this case was committed in another time, the drinking level is relatively high, and the defendant is against the defendant when committing the crime of this case, there is no record of punishment after January 201, the defendant's age, sexual behavior, environment, motive, circumstance, means and consequence of the crime, and all other circumstances constituting the conditions for sentencing as shown in the arguments of this case, including the circumstances after the crime, shall be determined as the sentence of this case.

arrow