logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.06.12 2019고단1680
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the Daegu District Court on March 12, 2010, the Defendant received a summary order of KRW 700,000 from the Daegu District Court to a fine of KRW 100,000 as a crime of violation of the Road Traffic Act, the summary order of KRW 2.5 million as a crime on December 21, 2010, and the summary order of KRW 3 million as a fine on February 19, 2014, respectively.

On March 26, 2019, at around 04:00, the Defendant driven D Lasta car in the state of alcohol alcohol concentration of about 0.142% at the same 3km section from the Do before the drinking house in the Daegu Dong-dong Gye Park to the same Gu-dong B apartment Cdong parking lot.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of suspect-like records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include three times the period of punishment for the defendant as a drunk driving, and the social interest in eradicating harm caused by drunk driving is concentrated, but the drinking driving is unffortunately unfortunately unfortunately unfortunately unfortunately unfortunately unfortunately unfortunately unfortunately unfortunately unfortunately, the risk of recidivism at the time of the crime in the judgment, and the risk of recidivism should be chosen at a severe warning level: Provided, That the execution of the sentence shall be postponed in consideration of the fact that there is no punishment imposed by imprisonment without prison labor or heavier due to drunk driving, and the efficient management and supervision of the probation officer and the systematic education of compliance driving is required.

arrow