logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2018.09.11 2018고단674
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

[criminal history] On July 24, 2015, the Defendant was sentenced to a fine of KRW 2 million due to a violation of road traffic law in the support of the Daegu District Court Kimcheon, etc., and on November 30, 2015, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of road traffic law (drinking) at the Seog Branch of the Daegu District Court.

[2] On May 12, 2018, the Defendant, while under the influence of alcohol level of 0.06% in blood around 23:06, driven a B-T motor vehicle on the front side of the stop at the Seogu Nam-gu Seomdong without a driver’s license from the front side of the stop at the Daegu-gu Seomdong to the front side of the Daegu ICF, Daegu 2018.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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

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 for mitigation of amount of punishment (including the fact that the defendant is against his/her will and that he/she has no record of criminal punishment exceeding a fine, etc.);

1. Article 62(1) of the Criminal Act on the suspension of execution (restatement of the aforementioned circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

arrow