logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2019.05.22 2018고단3671
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 13, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from the Seo-gu District Court Branch Branch of the Daegu District Court on July 13, 2012; and on May 30, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from the Seo-gu District Court Branch of the Daegu District Court.

【Criminal Facts】

On December 11, 2018, at around 21:34, the Defendant driven a DK7 car under the influence of alcohol content of about 2km from approximately 0.106% at the 2km section to the front road of the death electric power vehicle located in the Daegu Western-gu, Daegu-gu, where it is impossible to identify the trade name near “C” located in “C” located in “C” in the Daegu-gu, Seo-gu, Daegu-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has already been sentenced to a fine due to drinking driving, etc. twice or more times, and the fact that the defendant committed the crime of this case, the fact that the defendant is highly drinking, the fact that the defendant is against the time of committing the crime of this case, the fact that the defendant has no record of being subject to suspended sentence, the fact that the defendant has no record of being subject to suspended sentence, and other circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by the order.

arrow