logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2017.05.26 2017고단491
도로교통법위반(음주운전)등
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

[criminal history] On August 27, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court, and a summary order of KRW 4 million for the same crime at the same court on November 26, 2013, respectively.

[2] Although the Defendant had been punished on two occasions for violating the prohibition of drinking driving regulations, the Defendant was driving a coo vehicle in B while under the influence of alcohol with approximately 50 meters alcohol concentration 0.09%, without obtaining a driver’s license in the section of about February 12, 2017 up to the day before the so-called common hamba road located in the north-gu Two-dong at the north-dong at the port of the same time, on February 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, summary order, and application of the text of the judgment;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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. It is so decided as per Disposition, in consideration of the fact that there is no criminal record heavier than the fine, even though there is a history of criminal punishment for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, and that there is no criminal record heavier than the fine;

arrow