logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 영덕지원 2018.10.24 2018고단183
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 November 20, 2006, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic laws (drinking driving) from the Daegu District Court Young-gu District Court (Seoul District Court) on November 20, 2006, and a summary order of KRW 3 million as a same crime in the same court on August 1, 2014, respectively.

On August 13, 2018, around 20:35, the Defendant driven Ccoon car at approximately 100 meters away from the Do in front of the Glock Building located in the northwest-do, Chungcheongnam-do to the Do in the same Ri, while under the influence of alcohol content of about 0.126%, from the 100-meter section to the Do in front of the opposite Do in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, notification on the results of crackdown on the driving of drinking, and inquiry into the following:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, Defendant’s age, environment, sex, motive, means and consequence of the crime, and all sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, etc., and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: Consideration of favorable circumstances such as the fact that the defendant has been fined twice due to drinking driving: Consideration, such as the fact that the defendant recognized all the crimes of this case, repents and reflects his mistake, and that the defendant scrapped the vehicle operated by the defendant while the defendant does not repeat the crime.

arrow