logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.11.21 2013고단5917
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On June 27, 2008, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on June 27, 2008, and a fine of five million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on October 10, 2012.

Criminal facts

On July 16, 2013, at around 23:45, the Defendant, without a driver’s license, driven a vehicle from the 500-meter section B to the front of the Jinho-gu, Jin-gun, Haak-gun, the name of which is in the management of 0.233% of the blood alcohol content without a driver’s license, is influenced by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Requests for appraisal;

1. A report on detection of a host driver;

1. The driver's license ledger;

1. Previous records: The application of inquiry reports and investigation reports (Attachment of sound driving judgments) and Acts and subordinate statutes, such as criminal records;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the liability of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is heavy, the punishment as ordered shall be determined in consideration of all the normal materials revealed in the trial process, such as the defendant's blood alcohol concentration, driving distance, age, occupation, family relation, etc., and the fact that there is no criminal record of the same criminal record

arrow