logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 상주지원 2017.11.28 2017고단459
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On December 9, 2003, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 for a crime of violating road traffic law (drinking) in the resident support by the Daegu District Court on December 9, 200, and a summary order of KRW 1 million for the same crime in the same court on December 31, 2007, and on February 14, 2012, the Defendant was sentenced to a suspended sentence of ten months and two years for the same crime in the same court.

[2] On September 15, 2017, at around 22:15, the Defendant driven a B-ho vehicle under the influence of alcohol concentration of about 0.178% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from around the restaurant “Yansan” located in 74, Gancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-do, to the front of the “Yansan-do” restaurant located in 44-1, a 3km away from the day before the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared in C;

1. Investigation report (No. 13 No. Serial of the evidence list);

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as each investigation report (Evidence List Nos. 8, 17, and 18), criminal history, etc.;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, has a record of having been punished several times due to drinking driving or unlicensed driving, and there is a record of having been sentenced to suspended sentence by causing personnel accidents while driving in drinking condition before several years.

Nevertheless, it is not appropriate.

arrow